An Inquiry Into The Criminalization Of Security Measures

The appearance of security measure indicates the reaction of law to crime transformed a lot. Therefore, security measure is of great importance in the study of criminal law. It was once granted the symbol of humanization, scientism and modernization of modern west criminal law. Security measure, reprieve and parole are recognized as the "three carriages" for the rationalization of modern punishment system.The study on security measure in our country began late, and the theory and institution of security measure was once repulsed which led to its unsatisfactory studying condition in our country's criminal law circle. The current criminal law doesn't stipulate security measure explicitly and systematically except similar measures in related statutes and regulations. How to regulate security measure in current laws is not only an important topic in the reform of our criminal law, but also the only way to cater for the reform and development of criminal law of the world.The article first expounds the history of security measure, from theory to practice, draft to institution; then the three principles of security measure: while regulating the security measure in current law, following the principle of learning from the past and the west, the author alleges a creative transplantation of security measure in the west on the base of the reality of China, outlines the frame and developing trend, stressing on the dynamic relation between academic innovation, institutional establishment and the reform of current criminal law.