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犯罪是由于多重原因导致的,在司法实践当中单纯的依靠刑罚手段去遏制犯罪是难以达到良好效果的,特别是对精神病人、少年犯罪者、以及对刑罚感受能力比较弱的人适用刑罚收效不明显的人,保安处分就是在这种背景之下产生与发展起来的。保安处分制度在国外的法治领域占有重要地位,它是以社会防卫为目的、替代或者补充刑罚而适用刑事制裁措施。我国刑法及行政法当中存在着数量不少的与国外保安处分相近似的具有保安处分性的各种犯罪预防措施。这些具有保安处分性的犯罪预防措施零碎地散落于刑事法律与行政法规当中,笔者认为应当将这些犯罪预防措施刑事立法化。将保安处分刑事立法化既是我国刑法现代化、刑事制裁多样性、刑法理论创新的需要,也是人权保障与统一保安处分立法的需要。
Crime is caused by multiple reasons. It is difficult to achieve good results by simply relying on the means of punishment to curb crime in judicial practice, especially for those with mental illness, juvenile delinquency and those with weaker feelings of punishment. Obvious people, security measures are produced under this background and development. Security punishment system occupies an important position in the field of rule of law in foreign countries. It is aimed at social defense, and instead of or in addition to penalties, criminal sanctions are applied. There are a large number of criminal prevention measures in our criminal law and administrative law with security sanctions that are similar to foreign security measures. These crime precautionary measures are scattered scattered in the criminal law and administrative regulations, I think these crime prevention measures should be criminalized legislation. It is not only the need of modernization of criminal law, diversity of criminal sanction, innovation of criminal law theory, but also the need of safeguarding human rights and unifying security punishment legislation.