Study On The Legislation Perfection Of Security Measures System In China

Under the development trend of criminal law and non-imprisonment in the world, the system of security punishment legislation has become an organic part of modern criminal law. China's criminal law and other laws and regulations in the provisions of the security measures scattered and fragmentation, Criminal Law Amendments(8),the Criminal Law Amendment(9) provides for the prohibition and occupational prohibition system, showing the application of security restrictions on the trend of expansion. The Germany is the most typical country of criminal sanctions dualist legislation model, respectively, in the criminal law and juvenile court law provides for the corresponding security system, the security system is quite perfect, its application in the principle of appropriateness,security system Setting rules, the rules of social risk determination, the application procedures of security sanctions and the application of the competing aspects of China's security legislation to improve the legislation has an important reference.At present, the shortcomings of the legislation of security system in our country are as follows: the status and role of security measures in our legal system are not clear; the system of security disposition is not enough, and the basic principles and general requirements of security precautions are lacking. Meticulous, leading to the security of the crime of crime can not effectively play, and further lead to China's criminal sanctions system to punish the serious prevention of light loopholes in the individual's prevention effect is not obvious.In order to solve the above problems, this paper investigates the German security system, and on the basis of drawing on the legislation of the German security system, it advocates the legislation of China's security system. It is the basic principle of applying the security measures.Security punishment and punishment both have the same point and there are different points, both of which are one of the means of criminal sanctions, penalties to criminal acts as a prerequisite, security punishment to criminal acts as a prerequisite; penalty to the guilty of the crime.The criminal punishment is mainly based on the social risk of the perpetrator, the punishment is the main purpose of punishment and deterrence,the security punishment is mainly for the purpose of rectification and prevention, the security punishment has an important complementary effect on the penalty, and the penalty together constitute our criminal sanctions system,and it is clear that the criminal sanctions system is the legal principle of criminal sanctions,and the penalty constitutes the criminal sanctions system in our country. The principle of appropriateness of the principle of the application of the rules, and clear the general provisions of the security sanctions: the premise of the crime,to social risk as the basis, to enhance the system of security sanctions,detailed rules of security sanctions,Criminal acts of individual prevention play full play, so as to improve China's criminal sanctions system.