A Preliminary Study On The Construction Of The System Of Security Measures In China

Under the trend of light punishment and non imprisonment in the world criminal law,the systematization of the legislation of security measures has become an organic part of the modern criminal law.The provisions of security punishment in China's criminal law and other laws and regulations are scattered and not systematic.In the criminal law amendment(eight)and the criminal law amendment(nine),prohibitions and occupational prohibitions are stipulated,showing the trend of expansion of security measures.Germany is the most typical criminal sanctions against the two legislative mode of the country,the security punishment system respectively in the criminal law,juvenile court,security punishment legislation system is quite perfect,the concurrence of applicable,the principle of appropriate security measures in the system of social risk setting,determine the applicable rules of procedure,security the application of punishment and has important significance to improve China's security punishment legislation.The current lack of security punishment legislation in China are: and the role of the security measures in the legal system of our country's status is not clear;lack of system security measures,the lack of basic principles of application of security measures and general requirements;security measures set of rules is not careful,resulting in function of security measures can not prevent crime effectively,further lead to serious vulnerabilities of China's criminal sanction system heavy punishment prevention and individual prevention effect on human behavior is not obvious.In order to solve a series of problems mentioned above,we take a look at Germany's security punishment system,and draw lessons from Germany's security punishment system legislation,and advocate that we should improve our security punishment system.Clear the legal status of security measures is a kind of criminal sanctions,security punishment and penalty isdifferent,both of which is one of the means of criminal sanctions and punishment to crime is the premise of security punishment to crime is the premise of the perpetrators of crime;penalty responsibility for social security measures according to.Sexual risk behavior of people as a basis for punishment;punishment and deterrence as the main purpose,the security measures to correct and prevention as the main purpose,security measures play an important complementary role of punishment and punishment,constitute the system of security measures required to study abroad and sanctions on the security system of our country criminal sanctions system.Contrast,found that security measures exist in our country discretion of the applicable conditions,the applicable scope is too narrow,fuzzy positioning confusion and the judge applies the law is too broad and other issues.Then according to the situation of our country and our country's criminal legislation,some desirable legislative experience of reference and absorption of foreign countries,and puts forward some suggestions for the existing problems of China's system of security measures,such as defining the applicable standards,limit the discretion of the judge,to expand the scope and improve the penalty system and other measures.To study the legislative background and legislative purpose of our security punishment system,we must grasp the legislative background of the security punishment system and legislators' legislative purpose,so that we can accurately grasp the legislative spirit of the security punishment system,and the judiciary can accurately use the security punishment system.Clear the basic principles for the application of security measures,especially studies on the application of the principle of appropriate rules,general requirements also clear security measures: the criminal acts as the premise,to social risk as the foundation,enhance system security measures,detailed security punishment rules,the security measures to prevent individual illegal crime the full play,so as to perfect the criminal sanction system in china.