On The Introduction Of The Criminal Code Security Measures Necessary

Security assurance system is an important criminal law system in the field ofmodern law. Many countries such as Germany, Italy, Japan, Austria and othercountries have special chapter on the system in their criminal law system. Unlike theclassical criminal school of thought advocated, modern criminal school claims thecriminal prevention on the personal fatalness, while the classical criminal schoolfocuses on the study of crime and punishment retribution. Since the modern criminallaw school produced, the debate between with the classical criminal school has neverstopped. In the19th century, European countries completed the industrial revolution.With the transformation of the economic structure and social structure, the recidivism,juvenile and professional crime is increasing. Some scholars gradually found that justrely on general prevention which give priority to with retribution doctrine cannotprevent rising crime rates. Their research of criminology from criminal behavior to theoffender, from “law as it is” to “law as it ought to be”. As a result, the modern criminalschool containing criminal human school and criminal society school arises. Under theincreasing development of empirical science, high crime rate forced the classicalcriminal school compromising to the modern criminal school. They think theenforcement assurances include education, treatment and correction, and prevention caneffectively curb crime so as to achieve the result of social defense. As it is the system ofsecurity assurance. Since the security assurance emerge, the debate between securityassurance system of binary and monism has never stopped. Binary advocates dividingsecurity assurance system and punishment. Because they think criminal punishment andthe system of security assurance shall be implemented together for some offenders.Monism thinks that security assurance should be entirely replace the penalty and anycriminal offence should be applied security assurance system. The reason inflicted uponsecurity assurance is not the crime of criminal illegality, but the personal risk. But nowthe security punishment legislation is still based on binary. There are no securityassurance in our criminal law. And the sanctions corresponding security assurancesystem provisions in the criminal law, public security administration law and laborsystem which be abolished in2013. Some scholars believe that the three laws shall beincorporated into a unified penal code, and the security assurance system should beincluded. I agree with this view. As a result, building system of security assurance in thecriminal law is needful.