Study On The System Of Confiscation Of Property Punishment

The confiscation of property punishment is an important supplementary punishment of property in Chinese criminal law system.Its status is similar to fine penalty,but there are more controversies.From the perspective of the world,most countries have abolished the confiscation of property punishment,but the discussion on it is still not enough in China,which fails to arouse the attention of the legislative community.About the dispute over the confiscation of property punishment,the theoretical community should face up to its penalty value.Neither can we blindly follow the foreign legislation to abolish it immediately,nor can we be satisfied with the status quo without making any changes.The text is divided into three parts.The first part is an overview of the confiscation of property punishment.Starting from the historical evolution of the confiscation of property,the general penalty of confiscation of property is compared with the system of special confiscation.This paper expounds the differences between the two from the perspectives of the concept,nature,application scope and mode of the confiscation of property punishment.The second part is about the forfeiture of property.This part takes the case of Wu Xiaohui as the entry point to study the content,scope and calculation problems of the confiscation of property punishment,and make a detailed analysis of these problems one by one.The third part is the dispute over the confiscation of property punishment.This part takes relevant foreign legislation as reference and dialectically analyzes the disputes existing in the punishment.It mainly summarizes the views of the scholars who advocate abolishing the penalty in three aspects: legislation,law enforcement and supervision,and explains the necessity of the existence of the confiscation of property punishment in China's current penalty system.Then it perfects the confiscation of property punishment,proposing appropriate recommendations.