The Security Measure In China And Its Perfection

Security measure,aiming at improving the dangerous person who have committed criminal wrongdoing and are still dangerous at the time of the review and defensing society,juxtaposing with penalty,is a kind of criminal legal consequences.It is applied by the court in accordance with legal procedures and the definitely prescribes in criminal code.The thoughts of security measure and related regulations have existed in western countries as early as the period of ancient Greece.Hover,the words of "security measure" were presented clearly by a German scholar named Klein until the end of the 18th century.Afterwards,the study on security measure is shifting from spontaneous scattered to consciousness system research.In the modern society,the theoretical basis of security measure is social defense theory,the specific connotation of which is under continuous development.Pertaining to the relationship between security measure and penalty in theory,there are "monism" and "dualism".The monism holds that the two are unified in the purpose of society defense and crime prevention,that the difference is quantity rather than quality.The dualism insists that there is a qualitative difference between the two.In their opinion,the penalty is based on the guilt,emphasizing the retribution of the crime,and the security measure is based on the personal dangerousness,emphasizing the prevention of the crime.Under the dual system,the application of security measures and penalties has the distinction between parallelism and alternative doctrine.In consideration of the risk of being abused and the realistic humanistic foundation and judicial environment of our country at the present stage,the position of security measure should be:the parallelism in the legislation,the complementarity in application and execution.The source of security measure can also be found in our country.There were security thoughts in ancient times,and they were inherited from generation to generation and formed corresponding concrete measures.During the period of the Republic of China,measures that similar to security measure in western have occurred in legislation.And in 1935,the system of security measures was established.After the founding of new China,the law containing security measure system was abolished,and so was security measure system.Though many security measures have been prescribed in current laws and regulations,there are many problems in legal source,system,procedure and so on.The construction of security measure system in our country should be based on criminal law.In the aspect of entity,the applicable conditions should include illegal behavior and personal risk,and the types of security measures should include the detaining for reeducation,compulsory medical treatment,compulsory labor,security imprisonment,injunction,protection of observation,deportation,good guarantee,confiscation of property.In the aspect of program,the application of security measures should adhere to the judicial procedure,and establish an effective supervision and restriction mechanism.In addition,the corresponding supporting institutional facilities should be established or perfected to ensure the effective implementation of the security system.