Research About The Number Of Penaity Of Confiscation Of Penalty

The Confiscation of property refers to the state according to the provisions of the criminal law and the specific procedure, A punishment method of the criminal part or all of individually-owned property to the nationalization, in history this punishment play an important role in preventing crime. In modern countries, most of the world’s countries to reduce or abolish the confiscation of property. In the 17 th century, Beccaria think over the heads of the confiscation of property punishment is weak pricing, it endured the guilty punished innocent people, and they must make in the situation of the crime,so it’s no reason to exist. Enter the end of the 19 th century, new ideas of new society also thinks to confiscation of property punishment law is only increased antisocial tendencies of criminals, is not conducive to education, the criminal detention center, that is not adapt with the penalty purpose, should be cancelled. But in the 20 th century, but with the change of the concept of private property is inviolable, some countries rebuilted confiscation of property. Although some scholars think to confiscation of property punishment does more harm than good in China, recommended to the to be abolished directly, but we can’t ignore the objective function of confiscation of property punishment in punishment system in our country, as a part of the penalty system in our country, the existence of confiscation of property punishment is in conformity with the trend of the social development, has its existence rationality, the need to reform and perfect. Based on this, at present, our country is divided into special confiscation and confiscation of property penalty generally confiscated, this article only discusses its the amount of confiscation of general property punishment.The current criminal law compared to criminal law in 1979, in the applicable objects, the suitable scope and applicable way Settings confiscation of property have obvious improved. However, confiscation of property punishment in the provisions of the legislation and the effect of judicial practice on cash are did not play its function as a kind of punishment should be. In legislation, the basis amount of confiscation of property punishment is not clear, specific provisions of criminal law probably provise confiscation of property, as for the rules of confiscate the part or all property do not explicitly. Confiscation of property punishment scope is not clear, what are confiscated property, the number of parts to confiscate also not very clear, as a result of what is meant by criminals individually-owned property and what is meant by one or all of the property and so on.Based on this,according the reference of foreign penaity the Confiscation of property system, combined with the actual situation of our country, put forward the improvement of the specific measures are, including determine the basis of amount the confiscation of property punishment; in the legislation determine the scope of confiscation of property punishment and quantity, will list confiscate the property are should not be confiscated; According to the principle of adaptive principle, reasonable trade off the confiscation of property punishment amount corresponding problems and the principal punishments; Distinguish all confiscated and part of the boundaries of confiscated; As a whole of confiscation of property punishment and fine punishment cohesion; Finally puts forward the amount of minors and recidivism and a number of confiscation of property punishment,through these Suggestions, to realize the perfect amount of confiscation of property punishment in China.