Research And Learning Of The Criminal Confiscation Toward Third Person Of Taiwan

No person ought to take advantage from his own wrong.This basic legal principle not only apply to perpetrator but also refer to the third person who didn't participate in a crime.As an important parts of criminal confiscation,confiscation toward third person is a concrete representation of this legal principle in criminal field.Confiscation toward third person contains two parts:narrow sense of confiscation and the confiscation of illegal gains.The latter refers to the confiscation will has effect on the third person who didn't participate in a crime or illegal act but benefit from it.On the one hand,the significance of the confiscation toward the third person is to deprive the illegal gains,thus preventing the crime;on the other hand,it also limits the start of the procedure and protects the legitimate rights of the third person.At first,this dissertation elaborates the meaning of choosing this issue,the difference between the mainland and Taiwan on this topic and the possible contribution of this dissertation.The system of confiscation toward third person is an important content in the amended criminal law of Taiwan in 2016.This has respect to whether the system of confiscation can be thoroughly carried out,what's more,it concerns the citizens' property rights.In mainland China,the system of confiscation toward third person is phased quite differently.It calls recover illegal proceeds.In this dissertation,the author tries to link them together in order to eliminate the deviation caused by the different formulation,laying the foundation for further study.On this basis,I proposed two of my possible contributions.The basic concept of the criminal confiscation toward the third person in Taiwan is the basis of this study.This dissertation introduces the dispute on the nature of confiscation,and explains the reason why should there be criminal confiscation toward third people.This is for the purpose of confiscating illegal gains completely,and it is the requirement of the basic legal principle "Crime doesn't pay".The third part introduces the general situation of Taiwan's revised criminal code.From the representative case of Taiwan,this dissertation systematically introduces the background of the revised law in order to create a more comprehensive understanding of this system.At the same time,it also introduces the substance and procedure contents of the criminal confiscation toward third person in detail.By comparing the relevant provisions of the mainland China and Taiwan,this part analyses its defects of the mainland China.Such as the nature is not clear,lack of system,and the protection of the third person is insufficient.At last,the dissertation integrates the contents of the third part and the fourth part,and puts forward some suggestions on the perfection of the criminal confiscation system,especially the recovery of the property involved in the case of the third person.The author puts forward his own suggestions on the construction of the system of confiscation,improving the procedure of confiscation,and protecting the legal rights of the third person.In the Conclusion part,I concluded the main contents of the whole dissertation,elaborated the theoretical basis and represented my perfecting proposals.