The Research On Criminalization Of Security Measures System In China

After nearly a hundred years of application and development in Western countries,the system of security measures has been widely concerned and accepted by scholars of various countries.As an important system of crime prevention,it plays an inestimable role in the development of criminal law.In the process of continuous development and perfection of criminal law,a large number of measures similar to the nature and purpose of the security measures system have gradually emerged in our current law,which are called security measures.such as the adoption and rehabilitation,prohibition of employment,compulsory medical treatment and compulsory drug treatment in administrative legal documents,etc.,in the relevant provisions of the current criminal law,there is no such term as the security measures system in our criminal law so far.Similar security measures also have limitations such as fragmented regulations,weak supervision and single means.With the development of our country's criminal law towards humanism,the way of measures in criminal law pays more attention to the transformation to light measures.Therefore,from the perspective of criminal law of this system,we should learn the application of security measures system in criminal law of Western countries,and make security measures system criminal law in our country is the realistic need to realize human rights protection,promote the development of criminal law and maintain social stability.It's also an important measure to achieve crime prevention and improve the criminal sanctions system.In our country,we should first adopt the legislative model of dual theory to make the system criminal law.We should distinguish the security measures system from the penalty as a new way of criminal punishment and the penalty to play a common role.Secondly,in the judicial application,we can aim at the different punished persons who have committed illegal and criminal acts objectively and have personal danger subjectively.We should adopt a variety of flexible security measures and strictly distinguish them in the judicial process so as to ensure that everyone can be treated fairly.Finally,in the implementation of the security measures after the criminalization of the security measures system,we can appropriately extend,shorten or exempt the execution period of the security measures according to the change of the personal danger of the person being punished.