The Research On The Criminal Tools Forfeiture In China

The Criminal Tools Forfeiture is to make the criminal’s own property used forcommitting the crime compulsively nationalize. As an important measure to fightagainst the crime, the research is at the edge of criminal theory. The research onCriminal Tools Forfeiture is insufficient and controversial In China. There are manyproblems on Criminal Tools Forfeiture in judicial practice. This paper research on theCriminal Tools Forfeiture, on the basis of introducing its history, the nature of it willbe studied. Then this paper will discuss about the entity and procedural rules ofCriminal tools Forfeiture and make some targeted suggestions.There are about37000words in this paper. In addition to the introduction andconclusion, there are four parts:The first part: The history of Criminal Tools Forfeiture. In ancient China, nomatter the criminal’s property related to the crime or not, it would be compulsivelynationalize, so the Criminal Tools Forfeiture is attached to the Property Forfeiture. Inmodern times, the Criminal Tools Forfeiture separated from the Property Forfeitureand there are clearly provisions about Criminal Tools Forfeiture in whole China, butin mainland China the nature of the Criminal Tools Forfeiture is not clearly. Inaddition, the entity and procedural rules need to be consummated.The second part: The nature of Criminal Tools Forfeiture. The Forfeiture is a kindof entity disposition, not the same as Criminal Recover and Charged Compensation.As a kind of special Forfeiture, the nature of Criminal Tools Forfeiture is not CriminalCompulsory Measures, Security Measures or Penalty but a separate disciplinarymeasure of criminal entity. As a separate disciplinary measure of criminal entity,Criminal Tools Forfeiture contains four layers of meaning: the premise is someonebreaks the criminal law; it is the legal consequence of crime; it is a separatedisciplinary measure of criminal; it is a disciplinary measure of entity.The third part: The entity rules of Criminal Tools Forfeiture. There are two kindsof criminal tools, one is the invasive criminal tools which directly composed into theinvasion ability of crime, the other is the noninvasive criminal tools which closelyrelated to crime. The premise of criminal tools to be nationalized is the criminal hasthe ownership. Neither the time nor other person’s interests on the property could affect the criminal’s ownership, and the criminal not only means a person pendingtrial. All the criminal’s criminal tools to be nationalized is not reasonable, so thediscretion and confiscation of criminal tools shall be judge on Principle ofProportionality.The fourth part: The procedural rules of Criminal Tools Forfeiture. First, this partis to introduce about the preservation measures of Criminal Tools Forfeiture and tomake some suggestions. Second, this part holds that only the court has the right todecide Criminal Tools Forfeiture, and then make some suggestions to the procedure ofCriminal Tools Forfeiture. At last, introduce the execution of Criminal ToolsForfeiture and suggest that only the execution department of the court have right toexecute Criminal Tools Forfeiture.