Study On Chinese Criminal Property Forfeiture

In China, Forfeiture of Property can be called general confiscation of property or confiscation, that court to rely on the legal procedure and confiscation of personal property offenders or partially or totally, and this is usually 64 special confiscation there are differences, in particular that confiscate criminal forfeiture of contraband, proceeds of crime and property used for crime. Extraterritorial Criminal penalties were also confiscated provisions. However, this provision is merely a specific property for the same cases. So lawmakers in perspective, the purpose of the establishment of such punishment is to prevent special consideration, not to punish, we can dispose of their property as security with a social defensive measures. Given our country there is a difference in nature with extraterritorial provisions for confiscation, causing the country Forfeiture of Property currently have evolved into academia when larger species controversial penalty.From a global perspective, many countries（regions） have abolished the penalty, but in a few countries still imitate Chinese, retained the Forfeiture of Property in globally, locally made on the part of the changes. In China, not Hong Kong, Macao and Taiwan was due to historical reasons and the mainland long contact, therefore, significant differences in the legal system of inland and Hong Kong, Macao and Taiwan exists, Hong Kong, Macao and Taiwan regions to emulate Europe countries have abolished the penalty confiscation of property. Similarly, in modern society, China’s inland areas also have to abolish it before, but China’s national conditions allow complex ruler had to restore this penalty in the judicial practice later, and they made a lot of changes, the original look extreme brutal punishment change has become highly kinds of punishment humanitarian taste. However, the penalty is not perfect, the legal provisions and judicial practice status quo from China confiscated property is not difficult to obtain, there are many problems need to regulate in legislation, for example, is too vague, the judge in the next sentence when a specific amount of confiscated property provisions are have a lot of time on the discretionary space; in judicial practice, some of the stereotypes of the judiciary do not meet the new era of people-oriented thrust of the public security organs, procuratorial organs, courts, in practice, there are also two screenwriters make confusion.The law requires people full play to the initiative to give it life, and only the applicable law can be called law, therefore, how to better application of this penalty is particularly important. First, the application of this penalty to be under the guidance of the general principles of conduct, no matter how complex the case, we need to have an overarching standard, not arbitrarily whom; Second, we must adhere to analyze specific issues, combined with the actual situation, to determine whether how to apply or apply. In addition, the objective point of view, the confiscation of property will inevitably violate the human rights of criminals, in Western countries, private property is inviolable, and this thought in China has great market, more and more people choose to accept and acknowledge this a thought, which is no doubt confiscated property applies issued a challenge, therefore, is how to apply the confiscation of property becomes increasingly important. In addition, various problems encountered in the judicial practice, it should be recognized that the concept of legal safeguards implementation as a starting point. Meanwhile, supervision departments should take the initiative to not only confiscated property to supervise the implementation of more constantly revised from the program that allows people to accept the legitimacy and rationality of such a procedure, the relevant accountability system can not be left behind, the ultimate goal of all in order to guarantee the successful completion of the sentence.