Some Of The Defense System Of The Framework Of Our Society Envisaged

Security measure is not only the result of criminal law reform but also the innovation of traditional criminal law system. As a supplement to criminal penalty system, security measures play an important role in preventing crime and defending the society. So, since one hundred years, especially the word war II, security system had established in most of countries of the whole world step by step. In China, security measure had received a cold reception for a long time. Up to the middle period of the nineties, jurists had just paid attention to it. This article makes some study on whether China should establish security measure and how to establish it.This article, over 40, 000 words altogether, consists of four parts.Part I: Introduction. This part discusses on the purpose of the article and the possibility of establishing the defense system of society in China with the value of security measures.Part II: The summary of security measures. This part firstly discusses on the concept and essence of security measures. Secondly, this article introduces the development of the theory and legislation of security measures. The ideological basis of security measures is the theory of defending the society. In a part, security measures are designed for the purpose of substituting or complementing criminal penalties. The theories on criminal penalties and security measures can be divided into monism and dualism. Security measures can only be used with the objective elements of the illegal behavior and the subjective elements of personal danger, and the personal danger includes the possibility of recommitment of crimes and the possibility of commitment of crimes. The author holds that the concept of personal danger, subjective evil and the social harmfulness are different from each other.Part III : The summary of the security measures in China. There are some measures looked like security measures in our law system. They are regulated dispersedly in the criminal sanctions and the administrative sanctions. In all, there are ten security measures in the effective law at present, including labor education, adoption education, obliged medical treatment, obliged abstinence from drug, renvoi, confiscation and so on. While, there are problems with these measures which need to be improved.Part IV : Some suggestion for establishing the defense system of society in China. The author makes an inquiry into the feasibility and necessity of establishment of the defense system of society in China. The aim of the defense system of society is to prevent crime and defend the society by the way of eliminating the danger of person, which may be cause criminal offense or lawbreaking. We should adopt the dualism in legislation. This article has a rough conception of the kinds and the procedure and applicable condition of the defense system of society. In the end, the article points out the problems that should be pay attention to when the security measures is applied in practice.