Research On The Application Of Forfeiture Of Property

Forfeiture of property refers to the punishment method of forcing one or all of the offender's personal property to be forcibly repatriated to the state.As an important part of our country's property punishment,the confiscation of property punishment is punishing crimes with its severeness and strong deterrent power.2.It played an important role in preventing re-crime.After the "Criminal Law Amendment(9)" was promulgated,the number of applicable crimes of confiscation of property increased to 82,and the scope of application was further expanded.However,the expansion of the scope of application of legislation does not mean the inevitable expansion of the scope of application of justice.In judicial practice,the current situation of low application rates,low enforcement rates,and unsatisfactory application of confiscation of property has not been significantly improved.Legislation and judicial practice exist Not consistent.In order to earnestly explore the problems in the judicial practice of the confiscation of property,this article analyzes the current status of judicial application,and judges the three-year2016-2018 judgments of the A City Intermediate People's Court,the B District People's Court,and the C District People's Court.The ruling was statistically analyzed.Through the analysis,it was found that in the judicial practice,the confiscation of property punishment has problems such as unclear judgment content,convergence with fines,and difficulty in implementation.The root cause of the confiscation of property is that the applicable standards are not clear,the scope is too wide,and the punishment model is unscientific.There are also judicial reasons such asdifficulty in grasping the offender's property,difficulty in dividing the property,and imperfect procuratorial supervision mechanism.In order to further improve the confiscation of property penalties,legislative and judicial measures such as clarifying the applicable standards of confiscation of property penalties,limiting the scope of application of confiscation of property penalties,regulating the form and content of adjudication,and strengthening the procuratorial supervision of confiscation of property punishment shall be used to regulate the judgment and enforcement of the people 's courts.Give full play to the role of the confiscation of property to maintain judicial authority and credibility.