Research On Independent Confiscation Of Property Involved In Terrorist Crimes

With the high tension of international anti-terrorism,these crimes has been more and more covert and they are usually taken by several people or just one.Nevertheless,that made even more severe panic upon the citizens,especially in European counties where crimes frequently occurred.With the constant development of confiscation theories from countries in the world,the confiscation of property in involved cases does not just contain the proceeds gained by such crimes,but also has extended gradually from crime-gained proceeds to contraband,property used for crimes and composed of criminal acts and etc.Confirming the nature of the confiscated property involved in those terrorist crimes,analyzing the object of such independent confiscation and discussing legalization deficiencies and thus making corresponding recommendations,all of which are not only doing good to striking terrorist activities and crimes,but also to the maximum to defending crime suspects and defendants' legal rights,so as to achieve the blow of terrorist activities and crimes and the protection of human rights.The dissertation is about thirty thousand words and made up of four parts.The first part focuses on the concept and quality of independent for feature of property involved in terrorist activities and crimes.The precondition of studying it is to properly define relevant notions of independent confiscation of property in such criminal cases,through comparing and differentiating these notions in order to make clear of studying scope of this paper.The paper will firstly make an analysis of the property of the term mentioned here,and then give a conclusion of previous academic achievements in this filed,and finally offer a new perspective.The second part is about the discussion of the necessity and feasibility of the confiscation of the property involved in the terrorist activities and crimes.Article 280 of the Criminal Procedure Law provides a legal basis for these cases.The anti-terrorism situation in China determines that we have to implement the legislation strictly.According to the enacted The Ninth Criminal Law Amendment and Anti-terrorism Law,the security system in this aspect has been improved more than ever.The third part is to clarify the object of independent confiscation of property involved in such criminal activities.Through a sorting-out work of Criminal Law and legislations and regulations of Criminal Procedural Law along with the interpretation of relevant concepts,it can be summed up that there are mainly three categories of objects that are allowed to be confiscated independently : First,the contraband used in the crimes;second,illegal incomes gained by such unlawful acts;third,property belonging to the criminals by way of implementing these terrorist behaviors.The fourth part is to propose suggestions to perfect independent confiscation of property involved in terrorist crimes in aspects of entity and procedure.Due to the intensity of anti-terrorist strikes against the large,large amounts of property involved,and the complexity of cases,it shall be further perfected in the notion of confiscation,testifying standards and the protection of correlative people in the process of confiscating case-involved property.