On The Judicial Application Of The Confiscation Of Property

As the Amendment of criminal law nine formally introduced, applicable to confiscation of property penalty charges has increased to more than 80, with the rest of the world different, stick to the path of the abolition of confiscation of property punishment, so far, confiscation of property punishment in our country still plays an important role in the penal system. However, a lot of difficult problems about confiscation of property punishment still exists in the process of judicial application, therefore, many scholars suggested that the abolition of confiscation of property punishment should be abolished, however, this is not the best choice to solve the problem, the top priority should be to give full play to the advantages of confiscation of property punishment, through legislative and judicial measures to make up for confiscation of property punishment, eventually,make it perfected,The full text have about 30000 words, in addition to the preface and epilogue,the main body is divided into four parts:The first part is the current situation of the application of criminal Justice confiscated property. Mainly in Chongqing all five intermediate people's court judgment as investigation object, including confiscation of property punishment as a whole and statistics for rate, rate applied to the court to confiscation of property punishment, various applicable way to confiscation of property punishment under the applicable rate, all the charges to confiscation of property punishment applicable rate data, through the data,it directly reflected the confiscation of property punishment general situation in the judicial practice in our country.The second part is the problems in the confiscation of property punishment judicial application. There are mainly four problems: first, confiscation of property punishment and special confiscation of confusion between judicial application problems. Second, confiscation of property punishment for crimes of imbalances.Third,the conflict between confiscation of property punishment and fine punishment, confiscation of property punishment suffer the severe challenges come from fine punishment. Fourth, confiscation of property punishment is difficult to carry out, the efficiency of execution is very low.The third part explain the master cause which lead to the problem of confiscation of property penalty judicial application. This part mainly analysis the main reason for the confiscation of property punishment in judicial dilemma, mainly from two aspects: legislation, judicial analysis to confiscation of property punishment for the crux of the problem. First of all, from the point of view of legislation, the imperfection of the confiscation of property punishment applicable procedures, together with minor three authority law is not clear, the scope of their functions and powers to confiscation of property punishment is unclear,therefore, it's difficult to enforce in place. Secondly, from the point of view of justice, judicial interpretation don't provide the applicable scope of the confiscation of property punishment and applicable standards, make the detailed rules, especially the part of the confiscation of property is lack of specific judicial application standard, this lead to the application of confiscation of property punishment imbalanced.The fourth part is about the improvement countermeasures for confiscation of property punishment.This part firstly expounds the principle of the application of criminal justice confiscated property, applicable to confiscation of property punishment should adhere to the principle of equality, the principle of suitable principle, humanitarian principles. The improvement of the confiscation of property punishment countermeasures mainly includes: in the aspect of legislation, confiscation of property penalty trial debate program, confiscation of property preservation, personal property investigation procedure; Increased regulations, judicial organs, the method of three organs in the process of confiscation of property punishment for specific duties, improve the efficiency of execution to confiscation of property. In terms of justice, the supreme people's court should issue new judicial interpretation, and provide the applicable scope and standard of the confiscation of property punishment, especially,the part confiscation, to make that clear.