Study On The Sichernde Massnahmen System Of The Republic Of China

Security measures are the general term of compulsory measures taken by the state to protect social security,prevent crimes,avoid and eliminate dangerous factors to the society.To study the security punishment system of nanjing nationalist government can not only observe the legal system of the republic of China,but also have a deeper understanding of the legislative background,implementation status and social impact of the criminal law in the Republic of China.At present,the research on the security punishment system in China is mainly focused on the field of criminal law and comparative law,while the research on the implementation of the security punishment system in the period of nanjing national government,especially the method of case analysis,is less,and the enlightenment of the current legal system is still insufficient.Therefore,it is of great significance to study the security penalty system of nanjing nationalist government.The structure of this paper is mainly divided into four parts.The first part is to study the legislative reasons of the security punishment system,including the economic basis,the domestic situation,the trend of the world criminal law reform and the influence of Chinese traditional legal thoughts.The second part of the 1935 "criminal law of the Republic of China" in the "security sanctions" article by article analysis.The third part comprehensively discusses the implementation of the security penalty system in the period of nanjing national government.By means of case analysis,this paper focuses on the implementation of the security punishment system,explores the judicial precedents.after the implementation of the criminal law of the Republic of China in 1935,the difficulties encountered in the actual implementation of the security punishment and the reasons are summarized.In this paper,the fourth part summarizes the system of nanjing national government security measure positive effects and negative effects,and the comparison of nanjing national government security system and security of today's legal measures on the basis of the research on the contemporary significance of security system,aiming at the shortcomings of the current security measures and the problems in current judicial practice,puts forward the measures should be take security measures in the current criminal law in our country in the active ingredients of Suggestions,including applicable to solve the case of minors,which cause serious damage to the social prison a person released after serving his sentence crime again,sexual violation crime cases related to the reasonable kernel,To make up for the shortage of our current security measures.At present,there is no security punishment system in China.China's criminal law and administrative regulations do not have the word "security sanctions",but criminal law and administrative law and security sanctions are close to a variety of crime prevention measures,these security measures still have a large room for improvement and improvement.The positive elements of the security punishment system in the republic of China are fully used for reference to improve the mechanism of crime prevention in China,which plays a very positive role in reducing crimes and preventing offenders from repeating the previous mistakes.