On The Construction Of Security Measure System In China

Security measure,a criminal law system,is regarded as the outcome of western criminal humanitarian system.As a special means of social prevention and control,security measure is set up for the purpose of social defense.when the social economy of capitalist countries undergoes a major change,social problems emerge in an endless stream.In order to better prevent crimes,the security measure system comes into being,which can make up for the shortage of criminal punishment and broaden the criminal sanction system.There is no system of security measures in the existing legal system of China.Only some measures with the nature of security measures are stipulated in criminal law and administrative law.However,these provisions are scattered,the logic of criminal law is poor,and the systematic system hasn't been formed.In a word,there are still many problems in its establishment,procedure and legal supervision.Therefore,with the reference of the security measures in Germany,Italy and Taiwan,Macao region,the existing security measures of China could be integrated and reconstructed.The similar security measures in criminal law and administrative law could be incorporated into the criminal code of China,and set up in the form of special chapters and sections,so as to build a security punishment system in line with China's special national conditions.In terms of legislation,the “dual system” legislative system should be adopted to comprehensively stipulate the basic principles,application conditions,objects,types,implementation procedures,decision-making organs,supervisory authorities and execution systems of the security punishment system,in order to make it systematized,standardized and routinized in the criminal law.If the the perpetrator's behavior meets the conditions for a security measure according to the public security institution and it is necessary to impose a penalty on the perpetrator,a written request for security measure should be submitted to be examined and verified by the procuratorial institution before submitting to the people's court.Finally,the people's court shall decide whether to take a security measure against the perpetrator.