Reflection On The Confiscation Of Property Punishment

Punishment of confiscation in criminal law in China which is one of the two kinds of property punishments,is mainly for the crimes of endangering national security and some serious corruption crimes.The content of this punishment is about the perpetrators' personal legal property.And as for the illicit gains,the criminal related content and other prohibited items,there will be a penalty called special confiscation system to deal with.Unlike pecuniary penalty,punishment of confiscation is only provided for natural person,not for unit crime.Our criminal law also stipulates that when perform the forfeiture,they must get rid of the share of families shall and keep a needful fee to ensure the crimes and their families' basic life.A lot of countries in the world have similar provisions of confiscation of property,mainly in the capitalist society before the slavery society and feudal society.In seventeenth Century after the European Enlightenment,people's ideas of freedom and equality,due to influence of fraternity,dignity consciousness gradually awakening,inviolability of private property concept gradually sprout,the law also toward a more humane and tolerant direction.Countries such as Europe and other countries,which were first inspired by culture,have recognized the sanctity of private rights in the constitution,and abolished the penalty of confiscation of property in the criminal law.Now,in addition to my country,only a few countries,such as Mongolia,Vietnam,there are still confiscation of property.However,as the special confiscation system of non penalty measures,there are still traces in many countries.Many scholars believe that the penalty of confiscation of property has lost the essence of confiscation in feudal society,and sometimes the amount of confiscation of property is not as high as that of fine penalty.And that the legal system in the modern society,the penalty of confiscation of property will implicate innocent.In practice,the legislation on the loose,leading to the judicial application rate of confiscation of property punishment is low,the implementation is not ideal.The author thinks that the reason of the confiscation of property penalty is not in the defects of the system itself,but not in the right position of the confiscation of property.Furthermore,the confiscation of property penalty and the penalty of two property penalty function has not been clearly defined,resulting in confusion in the legislative and judicial application,and dissatisfaction with these chaos is concentrated in the confiscation of property punishment.Therefore,the author believes that the allocation of property punishment should be adjusted on the basis of recognizing the function of the two kinds of property penalty,and the penalty of confiscation of property can be used to exert the effect of penalty.In addition,to improve the sentencing rules,establish the scientific and reasonable sentencing standards,the judicial and executive can in according to the law.In the whole process,we should strictly implement the basic principles of criminal law,criminal responsibility,criminal responsibility and so on.