On The Construction Of Security Punishment System In China

The thought of security measures first appeared in the law revision at the end of Qing Dynasty and developed in the Period of the Republic of China.After the founding of New China,scholars failed to establish the security measures system in China’s criminal law for the consideration of human rights and protection of democratic legal system.In fact,there are a lot of security measures in our country’s current law,but failed to form a systematic construction,so that the criminal legal attributes of these existing security measures and the subject of declaration are unknown.As far as the existing criminal law system is concerned,the security measures in the criminal law neither belong to the principal penalty nor the accessory punishment,which is not conducive to the harmony of the whole criminal law system.From the criminal law reaction mechanism of juvenile delinquency,the existing security measures can not effectively prevent juvenile delinquency.For recidivist and repeat offenders,the current criminal law only sets the circumstance of aggravating punishment,but does not have any specific prevention and correction system setting,which does not accord with the special prevention idea of modern criminal law;the understanding of criminal jurisprudence of personality to crime is not only based on the behavior person personality,but also the performance for the personality,and aims at the function of guiding and assisting the criminal to repent of past crimes,change,not falling into the same crime again,and strive to become a better personality.Its essence is the prominent embodiment of the special prevention concept based on personality in criminal law.The concept of special prevention with personality as the core to the construction of security measures is not only conducive to avoid the concerns of human rights violations in the use of security measures,but also conducive to standardize the judgment of personal danger in the application of security measures.The criminal law significance of constructing security measures based on criminal jurisprudence of personality is that it is helpful to make up for the inadequacy of penalty effect,perfect the special prevention system of criminal law and realize the legalization of free penalty law.In the criminal Law of our country,we should construct the dual system of penalty and security measures and establish the applicable conditions of security measures with lawbreaking as the general element,and put the right of declaration of security measures into the court,so as to realize the unification of the subject of declaration of security punishment.