The Research Of Affirmation Of Criminal Forfeit

Criminal forfeiture means the permanent deprivation of crime-related propertyby the criminal justice process, and criminal forfeit is the target of criminal forfeiture.Although the protection of private property rights is very important, but as a“small tropic”of criminal theory, the identification of criminal forfeiture has not yetreceived enough attention, not only theoretical and standardized lesser extent theconviction and sentencing, and also to bring some difficulties for judicial action.Therefore, based on carding the connotation of criminal forfeit and criminalforfeiture,we should seeking the universal principle of forfeiture in theory, and drawlessons from domestic and international legislation, specifically to discuss“contraband,proceeds of crime, and criminal instruments” from the provisions of section69of theCriminal Code,and the “unconvicted forfeit” in2012the new Criminal Procedure Law,so as to strive for detailed discussion the problems of forfeit affirmation in theory,standards and practices, also perfect the criminal confiscate the legal framework.According to this idea, this paper is divided into five parts:The first part,"Forfeit Overview”. This section is mainly to solve three problems:First, to clarify the concept of forfeit, and discriminate criminal forfeiture, civilforfeiture and administrative forfeiture; The second is to discuss the fundamentalnature of criminal forfeiture; Third, introduce the overview of national criminalconfiscation regime, as well as the relevant provisions of the InternationalConvention.As foreshadowing of following discussion of the various problems in oursystem of criminal forfeiture.The second part,“theory scale of forfeit affirmation”. Why something isforfeit(or something should be forfeited),and forfeit shall all be forfeited, or there arestill consider to confiscate. Although the legislation provides how to deal with theseproblems directly, but there is no description of the theoretical reasons and basis.Therefore, this part is mainly to discuss the theoretical basis, define standards andprinciples of he qualitative and value consideration. Only to determine the theoreticalscale,following discussion may have a legitimate basis and foundation.The third part,“The affirmationof proceeds of crime and contraband”. This partis specifically identified proceeds of crime and contraband.The discussion of proceedsof crime contains direct income and indirect income and special form of proceeds,and discuss and determine the calculation and elimination of proceeds of crime.Contraband is discussed in the nature and different types.The fourth part,“The affirmaion of criminal instruments of offender”. This partmainly put forward a qualitative standard of criminal instruments based on behavioraltheory, to solve the understanding problems of “for the crime”. Discussion andidentification of what is meant by “belong to offender”, as well as other relatedmatter.Tth fifth part,“The affirmaion of the not yet seized, and unconvicted forfeit”.This section consists of two “forfeit which not yet seized” and “unconvictedforfeit”.The former is to discuss whether forfeit if not yet seized should be forfeited.Then in “unconvicted forfeit” part, as a special presence in the system,the newChinese Criminal Procedure Law also set unconvicted forferture in the system, so it isimportant to discuss within the existing legal framework of this system, and pointedout the problem, and make appropriate suggestions for improvement.