论我国保安处分的种类

On the Types of Security Measures in China

作为刑事制裁体系的组成部分,保安处分的适用是以行为的刑事违法性为基础,再犯可能性为条件。鉴于各国行政机关的权限以及违法犯罪划分的标准不同,强制戒毒、收容教育等行政措施不应当纳入我国的保安处分种类之中。此外,随着社会更生理念的强调,刑罚在执行内容和方式上出现了诸多的变革,刑罚处遇与保安处分的区别在于其本身是否具有独立性。因此,社区矫正作为刑罚的执行方式,在适用条件、对象等方面不同保安处分,与保护观察存在着本质性的差异。

As an integral part of the criminal sanction system,the application of security measures is based on the criminal illegality and the possibility of recidivism. In view of the differences in the competence of administrative organs in various countries and the standards for the division of illegal and criminal offences,administrative measures such as compulsory detoxification,shelter education and other administrative measures shall not be included in the categories of security measures in China. In addition,with the emphasis on the concept of social rehabilitation,there have been many changes in the content and manner of execution of punishment. The difference between criminal punishment and security measures lies in whether they are independent or not. Therefore,community correction,as a way of execution of penalty,is different from security measures in the applicable conditions and objects and is essentially different from protection examination.