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On The Penalty Of Confiscation Of Property

Posted on:2002-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:H Z WangFull Text:PDF
GTID:2156360032955668Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The penalty of confiscation of property is a punishment imposed on the criminal by the court under which he shall be deprived of his partial or whole property. Widely applied through out the world in the feudal ages, this penalty has a long history; however, it was later adopted by fewer and fewer capitalist countries. Now countries reserving this penalty in their criminal laws are few, even in these countries, whether or not to retain such a penalty is still in issue. This paper, through an analysis of its value orientation, holds that this penalty should be applied only to protect vital public interests, because it emphasizes too much on the punitive function and too little on the educational function, it also has the coloring of strongly political negativeness and severe punishment. Unfortunately, in a contradiction with the construction of a modern rational punishment system, this penalty was not reduced but extended in application to 72 accusations in China's revised criminal code of 1997. This paper, after a careful examination of those provisions authorizing the imposition of this penalty and after taking the experience of other countries for reference, believes that such provisions should mostly be modified with this penalty replaced by the fine penalty. At the same time, it cannot be ignored discretion and execution of this penalty because they are the key to the implement of its purpose. There are still some defects which need to perfect in these two links in our country at present.
Keywords/Search Tags:penalty of confiscation of property, value orientation, legislative comparison, discretion and execution
PDF Full Text Request
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