The Legislative Research Of The Security Measure System

The establishment of the security measure system indicates the great development of modern criminal law theory.The security measure is the result of the conversion of criminal classical school's theory of retributive penalty to criminal empirical school's theory of preventive punishment.It is also a sign of humanized and scientific punishment.Security measure aims at defending the community,focuses on personal risk and emphasizes prevention and improvement.Although the security measure system does not exist in China's legislation currently,I suppose that China should stipulate it in the form of a special chapter in criminal law on the basis of distinction between security measure in criminal law and administrative law.Through the introduction of the history of security measure,this paper combs the definition of security measure by well-known scholars,and puts forward the author's own understanding of security measure from these two aspects : applicable object and applicable mode.Also,it analyses the nature of security measure from the perspective of the relationship between security measure and penalty,so as to outline security measure theoretically.Besides,it examines the relevant legislative practices of foreign countries or regions from six aspects: security measure's types,applicable subject,applicable object,applicable procedure,criteria of personal risk and the lifting of security measure.Then the author summarizes the revelation.Moreover,after enumerating the types of security measure and analyzing the nature,the author points out the existing problems of security measure in our current legislation.Finally,the author discusses her legislative conception from the legislative model,the basic principle,the applicable object,the applicable condition,the applicable procedure and the specific types.