The Perfection On Security Measures System In Our Country

Security measures is a particular object of the crime prevention measures.Sincethe German scholar Klein first proposed the security measures system which has themeaning of modern punishment law,more and more criminal law scholars join thecontroversies about new criminal liability mode which is in the basis of the theory ofsocial defense.Security measure system,since its birth,the debate about thetheoretical basis of its existence and its reasonable is never relented,however,with itsunique legal value and social significance,in all countries of the world in the legalsystem of the criminal dogged alive,and constantly get form of development and theimprovement of the theory.Security measures produced from the criminal defense of social theory,althoughthe personal risk to the uncertainty of the defensive and controversial,the criminallaw in the history of the change of modern significance and the profound influence ofthe criminal law is not allowed to ignore,national criminal law system such as thedetermination of the recidivist,Minor crime protection,corrections and sanctions isgradually accepted and adopted.In our country criminal law is not definitely putforward the concept of security measures system,recidivist,juvenile asylumeducation,forced medical treatment,compulsory rehabilitation and so on has madespecific provision.“The criminal law amendment eight"is explicitly stipulated thecommunity correction and court injunction content.This allows us to have morethinking about security measures system whether they should exist,should be in whatform existence,what is the meaning of the existing problems in the current criminaljudicial reform background.The relevant domestic security measures works and special research is not a few,security measures system into the voice of the criminal law once overcalled but inrecent years,counting the domestic main criminal law scholars of objectivismacceptance of criminal law continues to improve,the main focus of the textbooks andmore criminal law on the crime of objective harm,for offenders personal risk oftenone has brought,more of a personal risk is the uncertainty and give too much judicialorgans of suspicion and critical discretion.Personal risk discusses far from traditionalcriminal law theory which is not deeply discussed.And the promulgation of“theamendment of criminal law eight”also makes part of scholars began reviewingsecurity measures system.The supporters and opponents of security measures system have to accept security measures of many content has come to the fact in the China’s criminal law,also must admit that in our country criminal law the concept isn’t clear and lack ofintegrity and security measure content system so poor,the effect of social defense isnot obvious.In a sense,the modern crime and the establishment of the system ofpunishment is the result of the development of individualism,and security measuresis in whole theory under the guide of the social defense need criminal liability form.However,with the more stressed collectivism in china,why isn’t security measuresmore accept than modern theory by criminal law which emphasizes individualprotection,legal punishment.This is out of the security measures in the determinationof the error or is out of the judicial discretion to distrust of itself,or have other deepersocial and ideological root,so that we has to be deeply exploration and reach.This paper attempts to analysis formation and development of security measuressystem,with China’s relevant security measures system,studies and compares thecontent and form foreign legislation in security measures system,so as to findsecurity measures can’t have a foothold in China criminal law’s social origins andideological root,and through improving and perfecting the system,seeks the best wayto build security measures system with Chinese social adaptation of.