The Dilemma And Perfection Of Criminal Confiscation System In China

The current confiscation system in China has not attracted enough attention from scholars,and there are many problems in the application of the practice field.Moreover,many problems seem to have been existing since the new criminal law in 1997.According to the literature materials the author has read,the debate on the preservation and abolition of general confiscation is not the focus of this paper.The dispute about the nature of criminal forfeiture,the relationship between recovery and compensation and forfeiture has always been a "difficult bone",especially forfeiture is the focus of this paper.In addition,in China's theoretical and practical circles,criminal forfeiture refers specifically to article 64 of the criminal law,while confiscation of property refers specifically to article 59 of the criminal law.In July 2016,Taiwan issued a new confiscation system,completely renovating the confiscation system that has lasted for more than 100 years.Among them the question of the characterization of special forfeiture which has been debated in our mainland.Of course,there are many other aspects of China's mainland criminal law community should pay attention to learn from.Such as the subdivision of third party confiscation;The effect of confiscation shall be subject to the determination of the referee;Added a separate declaration of confiscation;We should change the confusion of terms of recovery,recovery and compensation,and use recovery as a substitute for confiscation.In this paper,the confiscation system in China in the legislative and judicial aspects of the double predicament,in line with the other rock,can be the mentality of the jade,trying to analyze the new system of confiscation in Taiwan is worth learning to adopt the system design,to make a point of the current criminal forfeiture in China to make a beneficial exploration.It should be pointed out that the confiscation systems in many other countries in the world have something to learn from.The reasons for choosing Taiwan for comparative analysis are as follows: I once studied as an exchange student in Fengjia university in Taiwan for half a year,and I have a certain understanding of the confiscation system which also provides a possibility for comparative analysis.The structure of this paper is divided into three parts.The first part introduces the plight of criminal forfeiture in China and discusses it from two aspects: legislation and judicature.The legislative dilemma is further divided into the types and nature of special forfeiture and the judicial dilemma is analyzed from the actual situation of special forfeiture.The second part analyzes the new system of confiscation in Taiwan and tries to find a solution to the legislative and judicial dilemma of criminal forfeiture in China.The third part,based on the analysis of the previous two chapters,puts forward the improvement of the criminal forfeiture system in China.