The Problems And Countermeasures Of The Execution Of Property Right

The execution of confiscation of property is always a difficult task in criminal procedure and execution in combination with the execution of the criminal property in recent years.As in recent years,the focus of punishment execution,especially the procuratorial organs of criminal execution supervision rising,confiscation of property punishment as a very harsh punishment means has been attention,confiscation of property punishment,so to speak to a certain extent,comparable to the death penalty,is economic to offenders to punish,achieve the goal of crime prevention.At the same time,there has been a long debate about the abolition of the confiscation of property,and a considerable number of jurists in China have advocated the abolition of the confiscation of property,believing that it should gradually withdraw from the historical stage.In the practice of the independence,confiscation of property in both penalty discretion and there are certain difficulties in the execution of punishment,and punishment of humanitarian concept deeply and universality of abolishing the confiscation of property punishment from all over the world,more added to confiscation of property punishment in the pressure in the process of apply.In this paper,the author intends to analyze the development of the execution of the property penalty,the principle of execution,the way of execution,the development trend and so on.By using the empirical method and the relevant statistics of the Chinese referee's website,the application of the confiscation of property punishment in China is presented in the hope of raising public awareness of the confiscation of property.At the same time,the key of confiscation of property penalty in our country,the problems existing in the distinguished is analyzed,and put forward corresponding to the problems existing in the feasibility of the measures,in order to offer corresponding reference to the penalty execution.At last,the article takes Hong Kong,Macao and Taiwan as the point of view,combines the international development trend and the struggle to save the waste,and expounds the author's intention to confiscate the property penalty.This paper is divided into four parts.The first part is a brief overview of the confiscation of property.First,the basic concept of confiscation of property is fixed.Because domestic and foreign scholars are more mature in the study of confiscation of property,the domestic and foreign development of the sentence is briefly summarized,and a concise comparative analysis is made.Subsequently,the author summarizes and elaborates the execution principle and implementation principle of the confiscation of property penalty in China in order to raise public awareness of the confiscation of property penalty and its implementation.At the same time,the paper focuses on the empirical analysis of the implementation status of the confiscation of property punishment in China,and explores the realistic situation in the application of the penalty,so as to lay the foundation for the implementation of the existing problems.The second part,this part is the focus of writing,one is this part of confiscation of property punishment investigation procedures,security problem analysis,mainly from the perspective of courts to enforce to analyze problems,to analyze the actual execution problems,mainly from the confiscation of property punishment in the execution of property analysis way of production,civil conflict and rulings,deductions permitted,procuratorial supervision,judicial responsibility system to carry out the Angle to analyze problems,etc.It is precisely because of the problems before and after the implementation that the author has the corresponding improvement measures and the abolition of the view.In the third part,the author puts forward feasible measures to the above problems.Through analyzing the problems in front of,the author clearly put forward the perfect property declaration,production procedures,implementation of execution announcement for clear analysis,improvement measures,such as set up relief permitted in order to provide effective solution for property punishment.The fourth part,in the perspective of nationalisation and implementation of Hong Kong,Macao and Taiwan,through the comparison and analysis of punishment and domestic scholars of inductive and combining with the international development trend of the confiscation of property punishment,confiscation of property punishment should be abolished step by step.Carried out in combination with the current trial centered criminal procedure reform,suggests that the author view of abolished to confiscation of property punishment and puts forward the transition should take measures,such as increase the rate of fine punishment applicable to do sublimation of argument of this paper.