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我国刑法中虽然没有明确提出保安处分制度的概念,但一直存在未成年人收容教育、强制医疗、强制戒毒等内容的保安处分措施。在中《刑法修正案八》以及新修正的《中华人民共和国刑事诉讼法》(以下称新《刑事诉讼法》)中更是明确规定了社区矫正以和强制医疗的内容和操作程序。立法上的承认说明我国的保安处分无论在具体内容的设置上还是在程序保障上都得到了进一步的发展与完善。
Although China’s criminal law did not clearly put forward the concept of the security punishment system, there have been some measures to protect the security of minors such as receiving education, compulsory medical treatment, compulsory drug rehabilitation and so on. In the “Criminal Law Amendment 8” and the newly revised “Criminal Procedure Law of the People’s Republic of China” (hereinafter referred to as the new “Criminal Procedure Law”), the content and procedures of community correction and compulsory medical treatment are also clearly stipulated. The legislative recognition shows that the security measures in our country have been further developed and perfected in terms of the specific content or procedural guarantees.