Reflections On Perfecting The System Of Property Penalty In China

It is easy to find that the implementation of property penalties in the judicial practice in China is not satisfactory by the present statistics and researches about property penalties and sorts of factors lead to the current situation. It is also true that property penalties are less valued compared with the punishments against freedom. With the large-scale appearance of organized crimes and cross-border crimes, property penalties play an important role in punishing such crimes as terrorist crimes, underworld crimes, drug-related crimes and smuggling crimes, especially in the background of mitigation of penalty. Therefore, the problem of how to improve the legislation and judicial system of property penalties and make them be principal punishment from accessory ones under the guide of our criminal policy of tempering justice with mercy has been a major issue in academia. Moreover, how to make property penalties play deterrence as a kind of penalty and realize their own value has also been urgent enough.Firstly, this paper introduces our regulations on property penalties, and then analyzes the existing problems of property penalties like the difficulty of implementation, supervision, the realization of criminal effect and to guarantee the dignity of the law etc. All of them are owing to the lack of the remedial measures when fines cannot be enforced, the effective supervision, the exact regulations about the range and amount of the penalty of confiscation of property.Secondly, the paper focuses on discovering a way to improve the application of property penalties which means property penalties against minor crimes should undoubtedly go toward mitigation according to our criminal policy of tempering justice with mercy.Thirdly, it further introduces the concept of day-fine penalty and the reform of the penalty of confiscation of property by the comparative study on the foreign regulations related to property penalties. Finally, it figures out that day-fine penalty and the reform of the penalty of confiscation of property is necessary and accord with the criminal policy of tempering justice with mercy. Through the analysis of the advantage and disadvantage of the day-fine penalty, our criminal law environment, and referring to the foreign useful experience, this paper points out the feasibility of introducing day-fine penalty to China and the related executive measures. Meanwhile, the passage suggests that our legislation should strict the limits of the range of the penalty of confiscation of property, clear when and how to apply the alternative confiscation, mixed confiscation, interest confiscation and value-based confiscation and establish the rule of inversion of burden of proof and any other else in order to improve the penalty of confiscation of property.