The Property Punishment Carries Out The Question Research

Criminal penalty, is the mandatory methods to punish the criminal taken by the ruling class of the state in the name of country. The types of China's penalty includes eligible penalty, life penalty, freedom penalty and property penalty. Property is a penal method which is second only to life penalty and freedom penalty, Property penalty includes fines and the confiscation of criminal assets which both are additional penalties in China's criminal law system. As a means of Criminal penalties, the effective implementation of property penalty gives an important expression to the implementation of penalty right. Severe sentence thought rooted in China, Chinese people don't have a clear understanding of the nature and the function of Property penalty, and consider Property penalty belongs to "soft penalty". All district courts around our country have a widespread difficulty to implement Property penalty successfully. A large number of criminal property is not effectively implemented, failed to give full play to its function and role. The phenomenon- criminal property "empty sentence" has become acuter. This phenomenon seriously affected the seriousness and authority of the efficiency judgment. If the problem can't be resolved, will inevitably make the criminal property sentences a mere formality, and so will weaken the function of criminal property, will violate the beginning aim of the original legislation. How to resolve the current difficulties in the implementation of criminal property has become the crux of developing and improving criminal property. First, this article analyzes the status quo of criminal property implementation in our judicial authorities from different aspects, such as the application of criminal property, the rate of complete implementation, the setup of the executive body, the normative of executive program and so on.Then makes an in-depth analysis of criminal property and its difficult implementation. I considered the main causes to the difficulties is that: first,in thought the judicial authorities don't have a correct knowledge of the nature and the importance of the criminal property; Second, in system there are a lot of design flaws, including the far extensiver legislatical principles, few coordination mechanism among the police, the prosecution the judiciary, and other public institution, lack of full consideration about responsibili of the parties in the punishment phase of the property penalty ,and the blank criminal legislation on judicial assistance; Third, in practice the executing agencies are in confusion, aren't unified together, and the high cost of property implementation, and the carryout of criminal property separated from the commutation and the parole,and the shortage of of supervision, and the return of stolen money of goods , performance conflicts of genenal civil obligation are not resolved in a reasonable manner, and so on. Finally,based on the existing legal framework I made some possible effective solutions.