CAJ | 학술논문

保安处分注重教育与预防、实施刑罚个别化与不定期制度、注重实质理性。我国劳动教养制度废止后，我们应借鉴保安处分的原则和先进理念，制定《违法行为矫治法》，以填补和满足劳教制度被废止后的立法空白和现实需求。违法行为矫治立法应以教育预防为立法理念；应提升法律层次，实现矫治的法律化；赋予法院裁定权，实现处分司法化；实行不定期矫正制度，实现矫治的个别化。
보안처분주중교육여예방、실시형벌개별화여불정기제도、주중실질이성。아국노동교양제도폐지후，아문응차감보안처분적원칙화선진이념，제정《위법행위교치법》，이전보화만족로교제도피폐지후적입법공백화현실수구。위법행위교치입법응이교육예방위입법이념；응제승법률층차，실현교치적법률화；부여법원재정권，실현처분사법화；실행불정기교정제도，실현교치적개별화。
The security measure ,which was the result of positivism philosophy infiltrating into the field of criminal law in the mid‐19th century , was a penal system created by the criminal anthropology school and the criminal sociology school , for the purpose of applying different treatments to different people according to the danger they cause .The security measure highlights education and criminal prevention ,the penal individualization and indeterminate penal system ,and substantive rationality .The Labor Education and Correction System have been abolished in China because of its violation of the Constitution law and human rights . T he principles and advanced concepts of security measures should be referred to in the making of China ’s Illegal Act Correction Law ,which will fill the blanks and meet the needs resulted from the abolishment of the Labor Education and Correction System in China .Education and crime prevention should be the legislative concept of the Illegal Act Correction Law . T he level to the law should be raised to legalize the correction .The right of judgment should be vested to the court to make the treatments judicial .The indeterminate correction system should be carried out and the correction individualization should be realized .