Research On The Identification Of Criminal Tools In China

Article 64 of the criminal law of our country has made a specific provision on the crime instrument,"the personal property used for the crime shall be confiscated".Based on the identification of crime tools,this paper discusses the current situation of the identification of crime tools in China.At present,China's legal provisions on the identification of criminal instruments are relatively simple,and the specific handling of this issue in practice is not the same,and theoretical disputes can not form a unified,so that there are no clear provisions on the standards for the identification of criminal instruments,the ownership of criminal instruments,the nature of confiscated criminal instruments and other contents,and there is no relevant judicial interpretation It is clear.In judicial practice,there are also some special cases,such as the confiscation of all the tools involved in the case as criminal tools,which will lead to the imbalance between the proportion of some criminal tools and criminal results;Due to the lack of unified standards for the determination of criminal tools,improper confiscation and expansion of confiscation are also easy to occur in practice,on the one hand,it does not reach the goal of confiscating criminal tools The original intention of crime prevention,on the other hand,infringes on the property rights of citizens to varying degrees.Therefore,in order to maintain the original intention of the confiscation of criminal tools and protect the legitimate property of citizens,it is necessary and urgent to study the identification of criminal tools.This paper consists of four parts.The first chapter introduces the research background of this paper.It puts forward the current problems and their significance by summarizing the current situation and background of the identification of crime tools in China.Make clear the research methods and innovation of this paper.The second chapter focuses on case analysis,through case analysis,to explore the problems exposed by the identification of criminal tools in our country.The main problems are that in practice,the standards of the identification of criminal tools are not consistent,the roughly same case and criminal tools play nearly the same role,but the reasons for the court's judgment are far from each other;the value of the criminal results caused by crime is far less than the value of their use When the value of the tool of crime of,is recognized as the tool of crime by the judicial judge and confiscated,it will result in the obviously unfair result,which obviously increases the burden of the criminal and his family,and is not conducive to the realization of the adaptation of the crime responsibility and punishment;when the criminal uses the tool owned by the third person to commit a crime,or uses the tool to commit a crime,and transfers the ownership of the tool to the third person,because The law only stipulates to confiscate one's own property.How to deal with the property owned by the third party isalso different from the court's judgment.The most important social relationship of a person is family relationship,which enjoys equal ownership.When a criminal uses the shared property for criminal activities,how to deal with it.The third chapter is to analyze the causes of the above-mentioned problems from the lack of the provisions of the criminal law,from the legislative brief and judicial interpretation of the lack of a universal applicability of all charges of interpretation of the lack of legal norms,in the analysis of the lack of legal norms,at the same time,the identification of crime tools in China is analyzed theoretically.First of all,this paper analyzes the problems of the identification standard of crime tools,expounds the shortcomings of the concept of crime tools,reasonably puts forward a unified concept of crime tools and solves the problem of whether the crime tools exist in the negligent crime;then it analyzes the nature and the ownership of crime tools of confiscation,which are widely studied and controversial at home and abroad.The fourth chapter,based on the problems exposed in the current judicial practice,analyzes the causes and solves the problems according to the analysis.From the unified recognition standard of relevance theory,it is clear that the confiscation of crime tools is a kind of punishment nature of additional punishment,so it is necessary to consider the balance with the crime results and the identification of crime tools when identifying crime tools.We hope that this paper can provide some reference and help to the theory and practice of the identification of criminal instruments.