Penalty Of Confiscation Of Property Research

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. It was widely applied through out the world in ancient time, however, many modem countries have decreased or even abolished the common confiscation which based on the reasons of protection property right and prohibition of cruel punishment, and only reserve the special confiscation. Unfortunately , in a contradiction with the construction of a modern rational punishment system, this penal of common confiscation was not reduced in application to 72 accusations in China's revised criminal code of 1997.At the same time, special confiscation is adopted by many countries for it special functions in punishing crime nowadays. Unfortunately the legislators of our country don't pay enough attention on it. So it is important taking the experience of other countries, studying the penalty of confiscation of our current criminal law systematically, and putting forward some legislative advice for penalty of confiscation of property according to the realistic condition of China.This paper consists of five parts. First it introduces penalty of confiscation of property schematically, mainly generalizes the definition of penalty of confiscation of property and studies the development history of confiscation of property. Second it expounds the foundation stone of common confiscation that includes functions and purposes and thinks that common confiscation has it value of existence. Thirdly, it introduces the content of penalty of confiscation of property and how applies it to practice in other countries. Fourth, it introduces the content of penalty of confiscation of property and how applies it to practice in our country. Fifth, it brings forward some advice for penalty of confiscation of property by analysis of the defects of legislation of our current criminal law.