Shatan Youth Forum: Preventive Criminal Law and Its Legislative Implications - Taking the Preventive Imprisonment System as an Entry Point was held online on May 31, 2022. The lecture was given by Dr. Jia Yuan, an editor of Global Law Review, and presided over by Professor Xie Zengyi, deputy director of CASS Institute of Law. Professor Jiao Xupeng and Professor Zhang Zhigang of the Criminal Law Depart of CASS Institute of Law served as commentators at the lecture. The forum was attended by more than 30 young scholars from CASS Institute of Law and CASS Institute of International Law.

In her lecture, Dr. Jia introduced the four development trends of the preventive aspect of criminal law, namely, the implementation of preparatory acts, criminalization of dangerous behaviors, earlier protection of legal interest, and ex ante criminal disposal, and pointed out that currently insufficient attention have been paid by Chinese scholars to the preventive criminal law theory in the field of punishment. She held that the unitary punishment model currently adopted by the Chinese criminal law is unable to meet the needs of preventing new high-risk crimes, and she cited actual cases at home and abroad to prove the importance of establishing a preventive imprisonment system. She pointed out that the preventive imprisonment system has four basic characteristics: irregularity, flexible duration, modifiable disposition, and appropriateness. This system is applicable only to special types of actors who have high risk of recidivism, are incorrigible, or cannot be appropriately corrected by criminal penalties, and the principle of human rights protection must be adhered to in the application of this system. At the end of the lecture, Dr. Jia also analyzed the constitutionality of the preventive imprisonment system from the perspective of institutional implementation.

After the lecture, the participants made comments and carried out discussions on the lecture, and Dr. Jia gave a general response to the comments and answered the questions raised by the audience. Professor Xie Zengyi pointed out that the topic selected for this lecture is novel, involving multiple research fields such as criminal law, human rights law, and administrative law, and has reference significance for the improvement of Chinese legislation in the future.