The Research On The Security Measures In China

Security measures which have penetrating ideological basis are criminal sanctions with the aim of defending the society. It is a product of the modern penal system reform. As a supplement of the penal system, security measures in close coordination with the penalty, play an enormous role for the prevention of crime and the protection of the society. At present, many countries in the world have established a disciplinary system security. Scholars and the people from judicial practice circles in my country always hold different views on the security measures and Whether establish a disciplinary system security in China. So far our country has not yet formally legislate for the establishment of the disciplinary system security .The author think security measures should be set up in our country and the security system should be Contained in the Criminal Law, through the five-part study on the security measures:The first part is the outline of security measures. First of all, this part research on the concept of security measures; and then, review the history of the development of security measures; finally, describe the application of security measures in the current countries and the classification of security measures.The second part is the cause to the coming into being of security measures from a times point of view and the theoretical foundation of security measures. It contains the economic root causes of security measures, the society root causes of security measures, the natural science foundation, the philosophy foundation and the philosophy of law foundation.The third part is the nature of security measures.About the relation between security measures and criminal penalties, there are two views,monism and dualism model legislation. In this part, the author compare those two different points and get the conclusion from that study.Partâ…£is the comments on the security measures regulated by existing law of our country. This part introduce seven currently existing security methods that with the nature of the administrative and criminal in China. The author analysis these security methods, summarize the main features of these security methods, affirme these security methods have the positive significance for the protection of the society and Point out the problems in the application and implementation of these security methods.Partâ…¤is the criminal legalization of the security measures of our country. This part mainly includes four aspects: first of all,introduce the controversy over the problem on whether establish a disciplinary system security in China; secondly, to find what kind of system model of criminal legislation suit our country,author think we should take dualism model legislation;thirdly, the necessity and feasibility of the disciplinary system security implementation of the Criminal Code in our country; finally is the specific planning of security measure legislation in our country.