The Study On The Special Confiscation System In China's Criminal Law

In order to effectively crack down on the increasing property crimes and recover the property losses of the state,society and individuals as much as possible,Article 64 of the criminal law of our country stipulates the measures to deal with the illegal proceeds of crime,which is called "special confiscation".As one of the punishments,confiscation of property is also called "general confiscation".Because its own characteristics are only for punishing crimes,its function in dealing with property reasonably and maintaining fairness and justice is extremely limited,which can not meet the needs of judicial practice.Therefore,the importance and advantage of "special non collection" system is becoming more and more prominent.Its function in fighting against crime,dealing with property ownership correctly and educating people is incomparable to general confiscation."Special confiscation" should belong to an independent "criminal property disposal measure" in nature.Due to the simplicity of this provision,the division of the system's authority in principle,scope of application and implementation is extremely vague,which makes the system controversial in the process of implementation.From the aspect of entity,the application and scope of its objects are not clear,and its legal status has not been confirmed;from the aspect of procedure,there are many deficiencies in pretrial procedures,the law enforcement authority of various departments is unclear,the standards of case proof are not uniform,and the procedure involving the protection of the interests of the third party is not complete,which also seriously restricts the function of special confiscation itself.There are many deficiencies in China's "special confiscation" system,but extraterritorial countries?regions? have rich experience in it,which requires us to supplement and improve China's own special confiscation system through horizontal comparison,to get rid of the bad and refined extraterritorial practices,to learn from the advanced legislative concepts of Britain,France,virtue and other countries,as well as the most similar legislative norms of Taiwan in mainland China ?In view of the problems existing in the current special confiscation system in China,we should improve it from two aspects of entity and procedure.In the aspect of substance,we should make detailed legal provisions of the special confiscation system as soon as possible,and give the special confiscation system its due legal status,so that the law can be enforced in practice.In terms of procedure,a unified and complete pretrial property handling procedure should be set up;the powers and functions of various organs should be clarified so that they can cooperate with each other and work together;a unified standard of case proof should be formulated;and the protection of the rights and interests of the third party should be strengthened at the same time.