Research On Confiscation Of Property Punishment In Criminal Law In Our Country

In recent years,the controversy over the confiscation of property and the abolition of property is becoming more and more fierce.The author believes that the existence of confiscation of property.In this paper,the main points of view put forward by the discarded scholars of the confiscation of property are mainly discussed from the angle of legislation and judicature to find out the solution.This article begins with the legislative status of the confiscation of property punishment in China.From the existing legal provisions and the focus of controversy in academic circles,we can conclude that China's existing conditions of confiscation of property is too broad,the limit of application is not clear enough,the lack of legislation of property investigation,preservation of the relevant provisions,the legislative provisions are too rigid,lack of flexibility,confiscation of property scope,the nature of property punishment clear problem.By studying the above legislative issues and judicial problems,the author establishes and consummate the relevant provisions in the law,so as to enhance the operability and integrity of legislation.Of course,some scholars advocate abolishing the penalty of confiscation of property,but it is proved that the penalty of confiscation of property is of certain value in the specific social conditions and periods in China.Although the author does not refute the view of abolishing the penalty of confiscation of property,it puts forward some suggestions for the perfection of the penalty of confiscation of property in China.I believe we can solve most of the problems raised by scholars who confiscate property punishment.