On The Criminal Forfeiture System In Taiwan

The criminal forfeiture,especially the proceeds of crime forfeiture,plays an irreplaceable and important role in containing the crime of economy and property.With the modification of Criminal Law and Criminal Procedure Law,the original criminal forfeiture system in Taiwan has a fundamentally change.And the new criminal forfeiture system has been initially established.Based on the comprehensive understanding of the reform of criminal forfeiture system in Taiwan rethinking the problem of the criminal forfeiture system in China mainland.Further more,propose corresponding suggestions to perfect the criminal forfeiture system China mainland.The first part,first of all,researches on the concept of criminal forfeiture system,explores the inherent meaning of this system and introduces the characteristics and basic structure of criminal forfeiture system in Taiwan.The second part traces the historical process of the criminal forfeiture system in Taiwan,focus on the criminal system’s reform form the new Criminal Law and the Criminal Procedure Law.With conforming the positive effect of the current criminal forfeiture system plays in Taiwan,points out its possible negative impact.The third part compares the criminal forfeiture system on both sides of Taiwan straits to find out their advantages and disadvantages.Then provide advice,emphatically from these three aspects:the independence of the system,the thoroughness of forfeiture and the procedure guarantee,to perfect the criminal forfeiture system in China Mainland.