Study On The Confiscation Of Criminal Tools

The confiscation of a criminal tool is a permanent deprivation of the property of the owner of the tool?However,the confiscation provisions of crime tools in China are simple,and there is no complete system of confiscating criminal tools?There are loopholes in law?In order to effectively confiscate crime tools and protect citizens' property rights,we need to complement them?This article is composed of the introduction,the text and the conclusion?The introduction introduces the background and significance of the research,the research status at home and abroad,the content and methods of the research?The main content of the text is divided into the following four chapters:The first chapter is the attribute of the confiscation of the criminal tool?This chapter defines the meaning of the criminal tool,the meaning of the confiscation of the criminal tool,the legal consequences of confiscation,the nature of the confiscation of the criminal tool,and expounds and discusses it?This paper holds that the connotation of criminal tools includes the main body of crime,the purpose of a criminal subject,the cognition of the criminal subject to material function,the control of criminal subject's material and control behavior?The extension of the generalized crimeinal tool is the object and the person?The means of confiscating the crime are the deprivation of the ownership of the instruments of crime and the nationalization of the state?The attribute of the confiscation of the criminal tool is the measure of the independent legal effect in parallel with the penalty and the security measures?The second chapter is the substantive rules of the confiscation of criminal tools?The chapter of the crime tool prototype representation should be confiscated,cognizance of crime confiscated tools,criminal tools confiscated,confiscated the personal property used for committing the contraband confiscated from the confiscation of real estate,are discussed.By analyzing the archetype confiscated by the criminal tools,we have prohibited articles,preparatory offences,property used for crimes,objects of execution,things produced by crime,and confiscation of objects that are kept?We should adopt the promotion standard for the identification of the criminal tools confiscated,while the confiscation of the criminal tools should be adjusted according to the principle of proportionality,so as to achieve the fairness and justice of confiscation?The third chapter is the special type of confiscation of criminal tools?This chapter deals with the confiscation of third persons and the individual confiscation of the criminal tools?Provide type and type third diversion of criminal tools confiscated all the third types of criminal tools confiscated?The separate confiscation of the German confiscation system and the civil confiscation system of the United States,we should adopt the German type of independent confiscation system?The fourth chapter is the perfection of the system of confiscation of criminal tools in our country?Through case studies,the drawbacks and loopholes in the confiscation of criminal tools in China are analyzed?Aiming at the problem of confiscation,we establish a clearly defined criminal tool,confiscate the standard of identification,clarify the nature of the confiscation of criminal tools,and establish the third person confiscation and confiscation system?...