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随着我国社会的飞速发展,保安处分这个领域的缺失问题逐渐暴露出来,例如2009年的董珊珊被虐待致死案件等,这类案件本来是能够避免的,却因为刑法的不完善而最终导致的惨剧的发生,所以笔者认为对于该理论的引进是刻不容缓的。经过我国学者多年的研究,保安处分理论的合理性与优越性亦得到了我国大多数刑法学者的认同,而该理论“中国化”的时机亦日益成熟。对于保安处分理论,西方国家已经有了比较深入的研究,这也为我国引入该理论提供了一些值得借鉴的宝贵经验,当然,我国有一些特殊的国情,也有一些特殊的问题,如何协调这两方面的冲突也是至关重要的。
With the rapid development of our society, the problem of lack of security measures in this field is gradually exposed. For example, in 2009, the case of Dong Shanshan being mistreated and fatally littered, such cases could have been avoided but the tragedies resulted from the imperfect criminal law Therefore, I believe that the introduction of this theory is urgent. After many years of research by our scholars, the rationality and superiority of the Security Disposal Theory have also been approved by most criminal law scholars in our country, and the timing of this theory is becoming increasingly mature. For the security punishment theory, the western countries have had more in-depth research, which also provides some valuable lessons for our country to introduce the theory. Of course, there are some special national conditions in our country and some special problems. How to coordinate these two Conflicts in the area are also crucial.