Research On The Application On The Forfeiture Of Property Of Maria-Style Organization In China

Reason perish in the Criminal Code, the research and theory (especially crime constitutes) a crime compared to the penalty on the research is relatively weak. Penalty in theory, research depth punishment are not the same species, is a hot issue Penalty criminal law and judicial practice in recent years, more concerned, research has yielded fruitful results. But our Property Penalties in another-Forfeiture of Property is far from attention. With the continuous development of economy and society, organized crime syndicates increasingly showing highly organized, technical, covert, intelligent features, making the investigation, prosecution and trial is becoming increasingly difficult. Anti-Mafia crime great social chaos and economic order, and a serious threat to public life and property safety, criminal law on the crime of setting a more severe penalty, in 2011, "Criminal Law Amendment (eight)" triad sin nature organization organization, leading or participating in the crime syndicate also added a property punishment. The judiciary has been around for such a high pressure situation against crime shape retention. However, the anti-organized crime syndicate system in the process, due to the lack of existing penalties for criminal property settings, making this type of crime is not reasonable to set the penalty, also affected the effective governance of such crimes.In this paper, organized crime syndicates in the country Forfeiture of Property for the object, focusing on the question of its suitable and perfect. This article intends to confiscate the property of legislative status quo from the crime syndicate. Mafia crime combined Forfeiture of Property of the applicable conditions for the main body, Suitable for program effectiveness and execution problems, and strive to identify the causes of these problems and propose some improvement suggestions and comments.