Study On The Construction Of Security Punishment System In Criminal Law Of China

Security measures originated in the ancient Roman period,during which the question to be solved was "how to deal with adults killing their mothers in a frenzied state." This is the first to apply security measures to deal with mental patients who commit dangerous acts.With the change of social environment,the security measure system came into being,the emergence of state capital monopoly capitalism and the change of mainstream values,social turbulence,The frequent occurrence of crime and the emerging criminal theory have promoted the emergence and development of the system of security measures.There is no unified conclusion among scholars on the concept of security measures,but we can generalize the common elements,that is,the theoretical roots of security measures can be traced back to social defence,based on the personal danger of a particular person,in order to educate.Probation,correction as a means,crime prevention as the goal.As to whether the security measures and penalties are the same punishment,scholars also have different views.Some scholars believe that there is no qualitative difference between them,that is,the same punishment,which is the viewpoint of "monism".Other scholars believe that the nature of the two is different,is different punishment,this is the "dualism" point of view.Pen The author thinks that dualism is more appropriate and there are many differences between penalty and security measures,so they should be separated.As for the types of security measures according to different standards,the most basic classification criteria are divided according to the applicable objects,which can be divided into security measures against human beings and security measures against objects.After abolishing the system of reeducation through labor,there are some loopholes in the system of prevention and control of social security.Therefore,it is necessary to establish a system similar to that of the system of reeducation through labour,and the system of security measures has entered our field of vision.It is very necessary to construct the system of punishment in our country.The system of security measures is helpful to make up for the deficiency of the Criminal Law and the Law of Public order punishment,to overcome the limitations of penalty,to realize the purpose of social defense and to protect human rights.Moreover,the system of security measures is also to deal with the needs of risk society,can achieve a diversified system of criminal sanctions.At the same time,the construction of thesecurity measures system in our country has already had the ratio.More complete conditions and foundation,has great feasibility.The theory of criminal law system of our country has the characteristic of openness,and the obstacle of introducing the theory of security measure system is relatively small.In addition,China's criminal policy can also become a strong support for the construction of security measures system.And our country already has the material condition and the mature judicial condition which is needed to construct the security measure system,and now the security measure system has been relatively perfect,and there are mature experience system for us to use for reference.There are many measures similar to security measures in the criminal law and other laws of our country,but these similar measures have not completely filled the loopholes in the social security prevention and control system,and there are still many imperfections.Therefore,it is necessary to reform and integrate these measures in the construction of the security measures system in our country,adopt the dualistic legislative model,set up a special chapter in the criminal law,prescribe all kinds of security measures,and stipulate the applicable principles of the security measures,Clear the applicable conditions of security measures,in which there should be an objective standard for the identification of personal danger conditions,and finally,to ensure that the application of security measures has a set of integrity.A reasonable procedure.By absorbing and drawing lessons from foreign experiences,integrating and perfecting existing measures,we can create a new set of security measures that meet the needs of our country's social development.Establish effective "public security punishment"-"security measure"-"penalty" three-dimensional illegal control system.