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The Confiscation Of Personal Property Is One Of The Punishments In Our Country Conduct Research

Posted on:2020-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y F XiongFull Text:PDF
GTID:2416330572986775Subject:Law
Abstract/Summary:PDF Full Text Request
The ever-expanding trend of drugs not only harms people's health,but also causes the loss of some wealth in the society,thus giving rise to a variety of criminal problems.A nationwide crackdown on drug crime has produced little success.How to fight against drug crime effectively and curb its development trend becomes very urgent.As a legislator,we must study the problem of drug crime.Data from a large number of drug cases show that most drug dealers often engage in illegal activities with a "profiteering" mentality.The drug dealers did not finish a drug deal,but repeatedly carried out the criminal activities,thus accumulating a large amount of economic wealth.However,the punishment mode of our country only relies on personal punishment to punish criminals,but there is no corresponding perfect property punishment to punish criminals.At present,this has exposed our country in the drug crime case of the property penalty execution question.That is very difficult to be executed,the court's executive will be unable to carry out the confiscation of all the criminal's property due to various circumstances.These lost funds become the capital squandered by others,or even the starting capital of a crime committed by a few individuals who also have an illegal purpose.The execution of property punishment can be better,which can effectively curb the capital chain of drug crimes and completely destroy the economic foundation of drug crimes.According to this phenomenon,this paper explores its deeper causes,and divides the causes into four aspects:(1)there is no complete legal system in the country;(2)no corresponding measures are taken against the property in the process of case detection;(3)complexity of the program during execution;(4)due to the absence of legal supervision system,there is no corresponding supervision and accountability.For one or more of the above reasons,a large amount of money in drug crimes cannot be recovered.In view of the current situation and existing problems of the application of confiscation of property penalty in drug crimes,and comparing with foreign countries' advanced experience in the application of property penalty in drug crimes and the diversification of penalty methods,this paper puts forward specific Suggestions on the application of penalty for this problem.I intend to expand the scope of the enforcement of the property penalty for drug crimes by clarifying the detailed rules from the legislative aspect;In the process of investigation,the use of more measures can effectively prevent the transfer of property and other phenomena,so that the executive can better carry out the work.This will greatly reduce the possibility ofeffectively fighting drug-related crimes and preventing their recurrence,in the hope of truly solving the situation that drug-related crimes are becoming more and more serious in China.
Keywords/Search Tags:Drug crime, confiscation of property, execution, Problems, solutions
PDF Full Text Request
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