Study On General Judgment In Criminal Trial

The general judgment is written from the angle of confiscation of the illegal income.The object of study is focused on that in a criminal trial,the judgement of the property involved lacks the proof and recognition of the ownership of money and property involved in a case,neglects the description of the content and reason of confiscation and recovery.When it’s difficult to make accurate determination of recovery and confiscation,the ’general’ statement is used to make a ’vagueness’ decision.This kind of judgment is concerned with,not only the defendant’s criminal responsibility,but also the determination of property ownership.The more important is that this kind of judgment in the judicial practice is very outstanding.That is why the research object is setted.This kind of judgment has great harmfulness:On the one hand,it makes the right of ownership a confusion in the implementation and causes the waste of judicial resources.On the other hand,it is easy to cause the discount of the value of the item,or even the loss of material properties,Seriously affecting the ownership and usufruct of owner’s lawful property,causing irreparable damage.In recent years,with the problem of general judgment increasingly prominent,practice department have paid much more attention to the general judgment.But the theory research about recovering the illegal gains is still less.Therefore,the research and review on the general judgment is of great significance in solving the dilemma of decision in the process of the illegal income recovered.In addition to the preface and epilogue,this paper text consists of three parts,a total of 30000 words.The first part,the meaning of a general judgment and the confusion faced by judges.The judgement of recovering illegal income has difficulty in realizing the deterministic requirements of a judegement,which reflects the confusion faced by the judge.Generally,two aspects are included:It’s difficult to quantify the range of interest income.It’s difficult to define the ownership of illegal income.All these confusion,produce the general judgment of the illegal income recovered.The second part,the reasons for a general verdict.First,the judgement sample is rigid.The fuzzy guidance makes the judges keep off the reason why they deal with like this,and even avoid dealing with the ratio decidendi in the judgment.Second,the rules of recovery are so ambiguous that the judge has hard brush to fall in his ruling.Third,the lack of ownership proof material makes it difficult to determine the illegal income’s ownership.Thus,disposal of the property become an embarrassment.The last reason is the judges’ psychological of exmption which makes a general verdict a last and compromise choice.The third part,the solution of a general verdict.First,set up an independent ’civil confiscation procedure’.In this way,action in personam and in rem are separated,the illegal income are recovered.Second,strengthen the collection of relevant evidence,such as evidence of property ownership,clear the identification of the illegal income and the legal property of the victim and outsider.Then the recovery of the illegal income will be better served.Third,establish a scientific mechanism for examination and assessment of judges.Distinguish the nature of the cases carrying on the appraisal,strengthen the examination of the legal documents and then solve the problem of general sentence from the source.Fourth,standardize the make of judicial documents,distinguish between recovery and confiscation,make decision in ruling way.Then,we can solve the decision dilemma in practice.