An Empirical Study On Judicial Application Of Property Confiscation

For a long time,the theory circles regard the penalty of property confiscation as the heavier property oriented penalty,using "inviolability of private right" or"mitigation of punishment" to criticize the penalty of property confiscation's rationality.However,there are many deviations in the theory and practice of the penalty of property confiscation in judicial practice.In order to explore the role of the penalty of property confiscation in practice,I made a statistical analysis of the judgment of the intermediate people's Court of H city and its 13 district courts from 2014 to 2016.The study found that there are some problems in the application of penalty of property confiscation.But the root of the problem is the lack of system design,not because there is congenitally deficient on penalty of property confiscation.According to the basic theory of criminal law and the experience of extraterritorial legislation,the penalty of property confiscation is still an indispensable part of the current penalty system,which could not be replaced by pecuniary penalty.It is necessary to further restrict and regulate the discretion of the judge,unify the sentencing standards,so as to maintain the authority of the judiciary,and make every citizen can feel justice.