On The Perfection Of Article 64 Of The Criminal Law

Article 64 of the Criminal Law establishes the basic framework of the system of property handling , which stipulates four kinds of property, namely, the material of the law, the property of the illegal property, the property of the victim and all the criminals.This article also provides four types of property management measures involved,namely, recovery, ordered to refund, return and confiscation. It is not difficult to find that the content of the provision is very rich, but because of this, only one to be specified,it's too simple,abstract and general to make the provisions of their own full of contradictions, but also lead to part of the judicial interpretation of the same existence Conflict provisions, which led to the uniform of the justice. This article intends to analyze Article 64, point out the existing problems of the provision, and put forward targeted suggestions to provide some assistance for the legislative and judicial application of the provisions. To this end, this article first combs the criminal law and the specific criminal provisions of the judicial interpretation of the handling of the provisions of the provisions of the property involved in the overall case of property management system in China have some understanding; on this basis, analysis of the sixty-fourth The provisions of the provisions of the type of property involved in the specific meaning of the measures involved in the case, and then put forward the provisions of the existing problems, such as the illegal property and the crime used to cover the types of property covered by a clear classification of illegal property income narrow range , can't achieve the complete deprivation of the proceeds of the proceeds of the criminals; for the crime of their own property, neither "for the use of crime" to limit,nor the third person because of the existence of major negligence and make all of their crimes The use of the elements for the crime should be confiscated to make the provisions of the provisions of the matter involved in the handling of property measures,there is a part of the nature of the measures have not been correctly defined, the application of the object is not a reasonable division of some measures between the logical relationship between the chaos and other issues. His mountain stone, you can attack jade, to understand how other countries involved in the design of property management system, so that China can modify the system better. Therefore, after introducing the representative legal provisions of Germany, Japan, the United States and the United Kingdom on the case of property management system, drawing on the provisions of other countries and absorbing the reasonable elements in the relevant judicial interpretation of our country, To increase the "special" standard to limit the confiscation of the use of the material used for the offense, to increase the amount of the property, ; To increase the confiscation of a third person and to limit it to a third person knowing or neglecting the management of all its objects and the laissez-faire for the crime; Relations; will be clearly defined as a procedural measures to apply to all matters involved; increase the "price recovery", and "recovery" instead of "ordered to pay back"and so on.