The Problem And Countermeasures Of The Property Punishment For The Cirme Of Transporting Drugs

The study of property penalty becomes increasingly important because the scope of which has been expanding. As the Supreme Court of the People's Republic of China promotes the normalization of the sentence, how to improve the property system of punishment is particularly important. This study addresses the problems in the property penalty of drug trafficking, purporting to propose advices to further perfect the institutions of property penalty.The thesis counts 15,000 Chinese characters and consists of three parts besides the introduction.The first chapter focuses on the regulations on the property penalty in drug transportation and relevant appropriate contexts. Issues discussed are the inconsistent or empty sentencing, and the reduction of main punishment as result of prepayment of property penalty. Review and comment on studies of other scholars are also included I n this part.The second part attempts to locate the causal factors of the property punishment and further argue that the problem is primarily cause by the rough rules on property punishment in the laws and judicial interpretations, the difficulty of execution caused by the characteristics of drug trafficking itself and other possible reasons such as improper timing to protect the property in a property penalty case, expenses of the court and human resources.In the last part, the paper proposes advice on how to optimize the measurement of the penalty. Firstly, it requires to clarify the width and methods of penalty and advisably cancel the appropriateness of property forfeiture in property penalty. Also, it is of importance to establish regulations to remit or double the penalty. Secondly, it calls for a clearly stated responsibility between the prosecuting and social security authorities. Prohibition of degrading the penalty on basis of prepaid property penalty, setting up relevant regulations on penalty execution and identifying the filing deadline and regulatory authorities are of necessity to improve the judicatory methodology of property penalty.