Security Measures In Criminal Law During The Republic Of China And Their Contemporary Reference

Security measure as a kind of criminal law theory,began in the 18 th century German,later,as the criminal positivist school using the comprehensive methods of natural science and social science,empirical study on the problems of the crime and punishment,and put forward the purpose of punishment is defense society reform criminal soul,makes security measures eventually into mature,and shine in the early 20 th century.The theory of security measures was introduced in China in large scale before and after the promulgation of the criminal law of the Republic of China in 1935.Before that,although there were some security measures in the criminal legislation system of the Republic of China,they could not constitute a complete security measure.Therefore,the study of security measures in the Republic of China period,1935,can be said to be a very critical period.This article for further research of the security measures during the period of the Republic of China,legislative and judicial situation of academic research,and to explore their significance in the current criminal law reform in China,through literature analysis,empirical research and case analysis,and other methods,evaluation summary of the security measures during the period of the Republic of China academic research situation,sums up during the period of the Republic of China three security measure factors that exist in the criminal legislation,and connecting with the concrete case study during the period of the Republic of China security measures system of judicial operation,provide the reference to the current criminal law reform in China.Although there is no provision of security measures in the criminal law of China in 1997,many security measures are scattered in the vast sea of laws and regulations in China,which have become an important supplement to the penalty system.However,these measures can not constitute an independent and complete system,and there is considerable room for improvement in the scientific nature of regulations,the standardization of procedures and the effectiveness of supervision.In view of this,this paper,combining with the security measures in the period of the Republic of China and its judicial operation,puts forward the idea of improving the related legislation and judicial work in China.The possible approaches to the correction of illegal behaviors in China include effectively filling the legislative gap after the abolition of the reeducation through labor system,further improving the community correction system,comprehensively sorting out the legislative provisions of the nature of security measures in China,and the implementation of international conventions and the establishment of international cooperation mechanism.