On The Application Of Property Punishment In "Eliminating The Black And Evil"

In January 2018,the notice issued by the CPC Central Committee and the State Council on the special struggle against black and evil elimination was promulgated.The notice pointed out that the CPC Central Committee and the State Council made the decision to carry out the special struggle against corruption and eliminating evil in the whole country.On the one hand,the decision carried out the nineteen major deployments and the important directive spirit of Comrade Xi Jinping.On the other hand,it is of great significance to ensure national stability,social stability and people’s happy life.In the guiding opinions on Several Issues concerning the handling of crimes committed by the black and evil forces issued by the two high and two ministries,it is pointed out that the property involved in the case should be disposed of in accordance with the law,checked,seized,seized and frozen in accordance with the law;the evidence such as the source,nature,use and ownership of the property involved in the case should be comprehensively collected and reviewed.However,in practice,there are many difficulties and difficulties in the application of property punishment of underworld organization crime,which is one of the most difficult and controversial problems in the current criminal trial.On the one hand,there are multiple sources and forms of property involved in underworld crimes,and the scale of property involved is large,often tens of millions,hundreds of millions of yuan,which objectively increases the difficulty of the application of confiscation of property,and the identification of "property involved in the case" has great differences in practice,and there is a trend of expansion of criminal property punishment in practice;on the other hand,the participants of underworld members are subject to punishment There is no reference for golden punishment.The judge’s discretion is too wide,which is contrary to the principle of suiting crime and punishment.It is an important subject of criminal law to study the application of property punishment in the process of "eliminating black and evil",which is of great significance to promote thespecial struggle of "eliminating black and evil" to develop in depth.Except for the introduction and conclusion,the paper is divided into three parts:The first part describes the current situation and dilemma of the application of property punishment in the underworld organization crime.Mainly through the judicial practice of the application of property punishment in the crime of underworld organization and the difficulties faced by the application of property punishment in the crime of underworld organization,there are various sources of property,and it is difficult to define the boundary between underworld related property and legal property.The second part lists the reasons for the dilemma of property punishment in the underworld organization crime.Combined with relevant cases,it is pointed out that the legislation is too vague,the definition is not clear,and the legal norms are not perfect;the judicial concept is affected by the current criminal policy,the judicial organ is more inclined to not distinguish confiscation);in the law enforcement process,the investigation organ fails to collect evidence on the source and ownership of the property involved in the crime,the procuratorial organ has not been the focus of the case for review,and the judicial organ has not put the property into consideration As the focus of court investigation,the punishment of punishment pays more attention to several reasons such as the punishment of free punishment.In the third part,the author puts forward some suggestions to improve the property punishment in the underworld organization crime.Through improving legislation,changing ideas and standardizing procedures,we can provide feasible suggestions.