Research On The Legislative Perfection Of Security Measures In China's Criminal Law

With the abolition of the reeducation through labor system,in recent years,the phenomenon of the activation of criminal legislation,China's criminal law amendment began to touch the penalty structure and penalty system optimization,once in the 1990s by the heat of the security system has become a hot topic of discussion in the criminal law circle.Based on the security of our country criminal law legislation perfect research as the final destination,combined with the research achievements of predecessors and the security measures system legislative cases outside of merit,"dig" hidden security measures in China's criminal law,integrate part can be incorporated into the criminal law in the administrative law security measures discussed security disciplinary measures,acquire the empty part of the security measures,and to reconstruct the hidden security measures in China's criminal law,in order to the security of our future may be about to punish legislative advice.This paper is divided into four parts:The first chapter is the first part,expounding the present situation of security measure in criminal law of our country.This paper first discusses the basis of the identification of security measures in China's criminal law,and then probes into the existing form of security measures in China's criminal law--hidden security measures,and then analyzes the defects of hidden security measures in China's criminal law.Chapter two is the second part,explaining the function and practical value of security measures.The security measure has two functions:to make up the defect of penalty,to strengthen social defense and to improve human rights.As for the criminal law of our country,the security measure has three realistic values:perfecting the criminal sanction system of our country,promoting the modernization of our criminal law,and promoting the internationalization of our criminal law.Therefore,it is necessary to attach great importance to the defects of hidden security measures in China's criminal law and explore solutions.The third chapter is the third part,analyzing the feasibility of legislation reconstruction of security measure in criminal law of our country.This part mainly from the internal and external conditions to analyze the feasibility of legislation reconstruction of security measures in China's criminal law.The internal conditions are as follows:the reform of criminal sanction now faces the trend of security measures;The abolition of re-education through labor provides an opportunity for reconstruction.External conditions mainly refer to the overseas mature legislation on security measures for reference.The fourth chapter is the fourth part,discussing the legislation reconstruction of the security measure of criminal law in our country.This paper analyzes and discusses the legislative reconstruction of security measures in China's criminal law from the aspects of legislative mode,applicable rules,applicable elements and type design.In the legislative mode,we should adopt the dualism of penalty and security punishment.In terms of the applicable rules,the applicable legal rules of punishment,appropriate rules of punishment and the rules of combination of correction and defense should be established.The applicable elements should include the common applicable elements and the special applicable elements;The types of security measures in China's criminal law can be divided into three categories:security measures that restrict freedom,security measures that deprive freedom,and security measures against objects.