Study On The Difficult Execution Of Property Punishment In China

In recent years,more and more property punishment by the world criminal legislation and judicial attention,has become an increasingly important method of punishment,China's"criminal law" in the use of property punishment is more and more widely,but at the same time,the trend of legislation and practice between the development of the contrast is more and more obvious,the application rate of property punishment in reality,the high and low implementation rate in stark contrast,the property punishment difficult to enforce the "empty sentence" phenomenon exists generally,hard implementation of criminal property problem has become China's current penalty execution problems in more concentrated areas.This paper based on the current situation and problems of difficult execution in our country from our country property punishment,property punishment execution related legislation and judicial practice on the six aspects of property punishment exist on the deep analysis of the reasons for the formation of the problem,and the combination of domain WaiCai property penalty execution system of reference and absorption,executive legislation the angle of the system in our country of property punishment:in substantive rules our property punishment put forward to perfect the structure of China's "criminal law" in the property penalty,the fine penalty to principal penalty,abolishing confiscation of property;to further expand the scope of application of fine penalty in our country,improve the application form and the amount of fine penalty the provisions of legislative proposals.In the implementation of China's criminal property rules put forward to perfect the general provisions of property punishment and the property punishment procedural legislation enforcement rights;specific provisions to execute the criminal property right;countermeasures to perfect the legislation authorizes procuratorial organs on behalf of the state to exercise the implementation of criminal property rights application.In the aspect of the protection mechanism of property penalty execution in China proposed the establishment of the status of the property investigation and control mechanism,setting the property punishment discretion plea procedure and specific measures of property penalty provisions of prepaid deposit system,establish property exchanged execution system.The implementation of judicial practice and perfect the operational point of view to our country of property punishment:the property punishment to better reflect the independence of cohesion,open court internal mechanism and build a scientific management mechanism,strengthen the implementation of the trial of three organs of public security cooperation and coordination,the specific measures in five aspects to strengthen the supervision of the exercise of property punishment right.