The Research On Security Measures

The system of security measures is the product of the reform of Criminal Law in modern, is a major innovation of the traditional penal system , is one of the troika with probation and paroles on the rationalization of penalty roads in modern . Security measures take a positive action in advance and treat criminal policy according to various person , to make up for the inadequacy of remedial penalty. As a supplement to the system of penalty, security measures in close coordination with the system of penalty , play an irreplaceable important role for personal improvement and social security . This thesis in the field of existing research , on the basis of personal dangerous theory , considers and demonstrates the history of security measures , security measures of civil law comparative , the status of security measures and the integration of the system of security measures in our country and so on , hopes to use to dispose the system of security measures in our country .This thesis , in addition to preface and epilogue, is divided into four parts . The first part is the introduction of security measures . The concept of security measures has many definitions . This thesis lists a variety of abstract definitions that criminal law scholars generalized at home and abroad , defines the concept of security measures . From the historical development of the system of security measures, the system of security measures goes through the budding period , the modern period , and the contemporary period . From the track of the development of the system of security measures , the function of the security measures was pure defense in the late 19th century society firstly . Secondly , from the personal dangerousness proposed , it is formed defense-oriented which balances individual improvement. Thirdly, in modern society, considering the premise of personal improvement and the needs of social defense , the development of security measures proves that social conditions and human ability effect system changes .In the second part, it discusses security measures respectively in Germany , Italy , Japan and Taiwan region in our country and then compares security measures in the civil law . Security measures in the civil law have much in common in the legislative intent, legislative principles, applicable conditions , the application of object, the treatment of implementation , etc .At the same time , security measures in the civil law have some certain difference in the legislative model, legislative types, the period of implementation , the order of implementation, etc .In the third part, it inspects the existing security measures in our country . They reflect basically the principle of the legalization , appropriateness , necessity . At the same time , they also embody the modern concept of security measures that is improve mainly as a supplement of excluding prejudice , and timely abolish the measures in violation of protection human rights . They play a positive role in maintain of social order , stabilize social order, prevent and reduce crime and educate and save the people . To some extent, they fulfill a function to defense society and improve personal treatment of security measures . However , security measures in our country because of distribute in a variety of laws, regulations, rules , have the different legislative ranks , lack of systematic , logical , and also have a lack of theoretical support . Security measures in our country come not so much from different departments as unify law .In the fourth part, it constructs the system of security measures in our country . First of all, it puts forward the theoretical support of the system of security measures in our country . One is that puts the personal dangerousness as the core content. The other is that sets up the evaluation systems of personal dangerousness. Then, it puts forward the specific arrangement of the system of security measures in our country . It can divide into the security measures to natural persons and the security measures to legal persons . In addition to be integrated in substantial law systematically, the security measures in our country need to be normalized in procedural law.