Research On The Confiscation System In Japanese Criminal Law

In our country, there have been two types of confiscation for a long time. One is with the nature of the criminal penalty, often referred to as general confiscation; another is with the trait of the criminal compulsoriness, also known as special confiscation. As the criminal procedure law has revised in2012, a new property confiscated procedure has been created. The design of the confiscation is not perfect not only as to the congenitally deficiency but also in the mess process of application. It has caused problems such as subject chaos, casual use and irregular changeable conditions, especially for the insufficient protection for the third person.In contrast, the Japanese confiscation system has much difference with ours. Japanese confiscation, as a supplementary punishment, is intended for the illegal property of the defendant in the range of formed items, supplied items, generated items, accrued items, payment items and equivalent valuable items. The confiscation systems between two countries are different because of the law environment. However, contrasted with the fact that the protection of the third person in our country is deficient and stagnant, with the unremitting exploration and practice, the Japanese confiscation system has done much better in terms of protecting the third person. It is arguably a big step forward in the substantive justice and procedural justice from the three cases of Showa period, surrounding whether the existing system is violated the constitutional property rights of the third person to the issue of the emergency measure law in pursuit of maintaining the third person’s own rights granted.There has been a great difference in the fabric of the criminal law between China and Japan. However, sparing no effort to fight the crime along with protecting the innocent in consistent. So this article, through the basic introduction of Japanese confiscation system, especially from the process of the evolution of the legal precedent, attempts to find salutary angle of the legal thinking, drain valuable nutrition and get the reference for the direction of improving our confiscation system. The full text is divided into five parts. The first part is an introduction of Japanese confiscation system, mainly describing the present situation of Japanese confiscation and evolution. The second part introduces three theories about the argument to the character of Japanese confiscation system, namely criminal punishment, security measures and eclecticism. The third part is about the advancement of Japanese confiscation system in cases and the issue of emergency measure law. The fourth part illustrates the problem of the confiscation system in our country, in general confiscation, special confiscation and new property confiscated procedure. The fifth part is the beneficial reference from Japanese confiscation system to our country.