Forfeiture Of Property Research

The penalty of confiscation of property was widely applied through out the world in ancient time, however, many modern countries have decreased or even abolished the common confiscation which based on the reasons of protection property right, obligation principle and prohibition of cruel punishment, and only reserve the special confiscation. In contradiction with other countries, the common confiscation was not reduced but extended in application in Chinese new criminal code. So it reflects that we are still lack of clear recognition about the demerits of common confiscation. 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. This thesis studies the penalty of confiscation of property of our current criminal law systematically, and put forward some legislative advice for penalty of confiscation of property according to the realistic condition of China.This thesis contains preface and four parts.In preface, it mainly expounds the research values of penalty of confiscation of property, and the current research achievements of the questions.Chapter 1 introduces penalty of confiscation of property schematically. Firstly, it mainly studies the development history of confiscation of property, and generalizes the definition of penalty of confiscation of property from the common characters of common confiscation and special confiscation. Then it discusses the nature of special confiscation, considers that special confiscation has many natures, and the author think the natures of special confiscation in a country is decided by the law.Chapter 2 discusses the common confiscation from axiology. Firstly it expounds the foundation stone of the common confiscation that includes legitimate reasons, functions, and purposes. After generalizing all kinds of viewpoints of merits and demerits of common confiscation in view of the controversy between reservation and abolishment of it, elaborates on theoretic and practical problems...