Study On The Construction Of Security Punishment System

Security measures from the west,is to defend the community,the maintenance of public interest as the goal,to replace or supplement the special punishment measures.The object of the application of the security measures shall not be limited to those who have committed crimes,but also those who are suspected of crimes or to interfere with social order,and to prevent them from committing crimes again,or to prevent them from committing crimes by means of refrain from crime,medical treatment and prohibition.China’s current laws and regulations,criminal policy and administrative commands are not to use the concept of security measures ",perhaps because it has been" bad for the use of the Nazi regime,scholars and judicial practice about whether the establishment of security measure system in our country is controversial.But in legislation and practice,there are some institutional measures in terms of nature,function,application object and condition of "security punishment" is very similar,the author attempts to reveal a long time treatment and management measures in our country social security measures such as forbidden compulsory measures and modern international criminal legislation in the field of security measures the history and application situation for comparison,focuses on procedural safeguards,in order to solve the problem of weak security for China’s current criminal policy of punishment.With the transfer of social risk point,China’s criminal law has been amended several times,and the preventive function of criminal law has been continuously strengthened.People have never given up the pursuit of value and the balance of ideas between freedom and security.From the pragmatic point of view,security measures should be properly dealt with as a non penalty means of prevention.On the other hand,if we can through the disciplinary system security measures to set up a scientific and reasonable prevention of crime,the protection of social security,ensure substantive justice through the elimination of specific personal danger,then the system measures must pass rigorous procedure justice running smoothly.Because the object of the system measures with negative evaluation characteristics may spread to all members of society,it is easy to slip into power abuse,and must be treated prudently.In the comprehensive deepening reform,comprehensive transformation of the social structure of the moment,how accurate and effective governance of diversified social problems,to rethink previous security measures in the social function of defense,re review of the existing provisions of the omissions,fill the missing link in program design,based on the foreign security punishment system,summarizes our country quality screening security measures for experience,based on the material and cultural reality,from the perspective of development,the system of security measures to establish a complete,systematic,with internal logical relations,will be incorporated into the judicial system,strengthen supervision and restraint mechanisms,in order to play the best defense effect.