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保安处分是近代刑罚理念革故鼎新的理论结晶,由德国著名法学家克莱茵首先提出。它是国家为避免和消除对社会的危险因素、预防犯罪、保卫社会安全而采取的补充或代替刑罚的强制措施。在国外不少国家保安处分不仅受到理论上的高度推崇,而且已经得到了立法上的确立。我国刑法制度正处于改革完善的关键时刻,构建我国刑法上的保安处分制度是大势所趋。
Security punishment is a new theoretical revolution in the modern concept of punishment, which was first proposed by Klein, a famous German jurist. It is a compulsory measure taken by the State to supplement or replace penalties in order to prevent and eliminate social risk factors, prevent crime and safeguard social security. Security measures in many foreign countries are not only highly regarded theoretically, but also have been legislated. The criminal law system in our country is at a crucial moment of reform and perfection, so it is the trend of the times to construct the system of security punishment in our country’s criminal law.