Legislative practice of preventive detention in China

Abstract

ABSTRACT The Chinese legislation and criminal law theory research has already reflected the preventive idea, which is not the complete connotation of preventive criminal law, nor can fully meet the needs of national security governance. The characteristics of the preventive criminal law theory determine that the whole picture of this problem can only be presented by combining the substantive field and the penalty field of criminal law. Preventive detention refers to the liberty restriction measures taken after the execution of punishment for the purpose of preventing crimes, defending society and correcting crimes, mainly targeting perpetrators of violent crimes or sexual crimes and recidivist, based on their high social risk to the public interest and social security. Preventive detention not only balances the relationship between social defense and individual rights restriction but also provide the legal guarantee of national security governance, realising the positive interaction between freedom, development, security and order. There were some similar practice in history, and the resettlement education carried out in the field of anti-terrorism in recent years also have the nature of preventive detention.