| There is no legal term of security measures in the current legal system of China, however, there are legal norms with the nature of security measure in Chinese criminal law. In order to identify the legal norms of security measures provided in the criminal code, the difference between the penalty norms and the security measures norms should be clarified by defining their relationship with responsibility and their respective aim and function. The application of security measures is not relevant to the responsibility, but based on the dangerousness of applicable individuals. If retribution is considered as one of the comprehensive goals or functions of criminal penalty, security measures can be distinguished from the former according to its different goal and function.Therefore, if a legal norm provided by the criminal code can be applied to limit or deprive the rights or interests of an individual who has committed a crime or a criminal illegal act, and its substantial ground is his/her dangerousness other than responsibility, such a norm should be considered as one with the nature of security measure. Judged by their normative characteristics, specific security measures in current Chinese criminal law include sheltering and rehabilitating, compulsory medical treatment on insane persons without ability of taking criminal responsibility, deportation, injunction order, compulsive laboring, criminal confiscation, supervision during probation, and supervision during parole.The existence of a framework of invisible Zweispurigkeit in current criminal code would have many effects on criminal law theory. For the theoretical system, security measures should be treated as a basic concept and construct the legal result together with the criminal penalty of the criminal law. Besides, the concurrent application, retrospective effect, proportionality, declaration of such measures should be discussed specifically in dogmatic field. |
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