Research On The Legislation Of Property Penalty In Our Country

Property penalty is a kind of criminal penalty,which has a long history and its birth is much earlier than that of freedom punishnent.From a worldwide perspective,since moderm times,property penalty has become increasingly important in the criminal law system.Today,property penalty is the most important type of penalty in addition to freedom penalty.In China,the role and status of property punishlent has also been rising.Whether the scope of application,conditions and methods of application of property penalty are reasonable or not directly determines whether the operation of property penalty is good in application,and then concerns whether the purpose of property penalty can be realized.Therefore,it is very necessary to study the legislation of property penalty,optimize the legislation of property penalty,and then accurately apply property penalty for judicial practice to highlight judicial fairness and justice.The article is divided into four parts.The first part,starting from the concept of property penalty,holds that property penalty has the functions of deprivation,atonement,deterrence and evaluation.In the second part,considering the current situation of property penalty legislation in China,the author puts forward the existing problems of property penalty legislation.It is believed that the legislation of fine penalty lacks the priority system of single penalty,the types of legislation are inadequate,and the system of exchanging penalty is lacking,and the application conditions for confiscation of property punishment are unclear,the scope of application is too broad,and the application of confiscation of property types is not clear,and "partial confiscation" is ambiguous.The third part inspected the property punishment legislation in some countries of the continental law system and Anglo American law system.And on the basis of the property penalty legislation in our country,this paper puts forward some enlightenments for perfecting the property penalty legislation.First,we should learn from the daily fine system,second,we should try to change the fine system,third,we should reduce the scope of application and application rate of the confiscation of property penalty.In the fourth part,aiming at the problems existing in the legislation of property penalty in our country,referring to the advanced experience of foreign legislation of property penalty,combining with China's national conditions,and taking the three basic principles of criminal law as the guide and fairness and justice as the orientation,this artical puts forward the establishment of single penalty priority application system,esteems the daily penalty system,put the penalty of fine and the penalty of freedom and public welfare and Labor transfer system into effect,and emphasize to increase the enforcement of fines,enhance the responsibility and access conditions of executives;improve the confiscation of property penalty legislation,properly narrow the scope of application of confiscation of property penalty,improve the application of confiscation of property penalty rules,optimize the application of the "partial confiscation" system,fbrther clarify the confiscation of property penaltyfs range and its precautions.Only in this way can the scientificity,rationality and legitimacy of property penalty be highlighted,ideal judicial practice be brought,and the people feel fairness and justice in the case.