Retention And Improvement Study Of Confiscation Of Property

Different from the trend of abolishing confiscation penalty in other countries all over the world,China's criminal code has been revised several times,but the scope of application of confiscation penalty is expanding,which has led to controversy.Up to now,penalty of property confiscation has always occupied an important place in the penalty system of our country,its penalty role is worthy of affirmation,but we still should face up to the inadequacies in the provisions of confiscation of property with prudent eyes,then reflect on the problem and find its reasons.It is not a rational move to give up eating for fear of choking,the urgent matter of the moment is to put forward specific ways to improve the punishment of confiscation of property on the basis of systematic research,so that it can better play its functional advantages and meet the needs of fighting against specific crimes.I start with the debate of the forfeiture penalty,and divide it into three parts to demonstrate the attitude of this paper to the forfeiture penalty:reservation + improvement.The first part justifies the existence of the penalty of confiscation of property by refuting the existing abolitionism,and explains that the penalty of confiscation of property has its own rationality and be needed,which is valuable and necessary to be reserved in the current Penalty System.Cases and data are used in the second part,I have collected and counted the judgments of confiscation of property decided by courts at all levels throughout the country in the past three years,found the general situation and the problems of forfeiture penalty visually through the data in judicatory practice,then look for the omissions and unreasonable rules.The third part is about the improvement countermeasures,which is also the focus of this paper.I try to make suggestions on legislative and judicial provisions as comprehensively as possible from the three aspects of severity,certainty and timeliness.