The Study Of Enforcement Law On Property Panalty

Property penalty is a kind of penalty with the content of depriving the property benefit of the criminal.It generally includes two main penalties, namely the deprivation of criminal's cash and that of the property. From the perspective of legislation,we found that the prescription on property penalties is considerably extensive in the current criminal law; the provisions of property penalty cover almost half of the criminal law. However, in reality, the punishing functions of the property penalty don't come into full play with all kinds of barriers, such as the multiple application of property penalty, the low efficiency of implementation,the disunity of the enforcement agency, the nonstandard enforcement of property penalty, and so on and so forth, which seriously impact the authority of criminal law.The modern theory of criminal penalty maintains that the essence of criminal penalty lies on the enforcement; without implementation, the criminal enforcement will be meaningless and incomprehensible. In the same token, the property penalty won't be meaningful without the enforcement. Hence, based on the previous study, this thesis first defines the nature of criminal enforcement and the contents of property penalty enforcement power.And then,we analyze the reasons of enforcement difficulty and propose some suggestions with the intention to improve the enforcement rule of property penalty.This thesis is divided into three chapters besides the introduction section and the conclusion section.The first chapter discusses the basic theories about enforcement of property penalty. It mainly discusses the following three aspects: firstly, it discusses the nature of criminal enforcement power, considering that it is purely the power of administration; secondly, it defines the property penalty and the enforcement of it; finally, it puts forward some principles to be observed in the enforcement of property penalty.The second chapter discusses the current difficulties in the enforcement of property penalty in our country, and analyzes the reasons for them. We maintain that there are mainly three reasons: firstly, the nature of property penalty determines the difficulty over personal penalty; secondly, there are some conceptual differences in the enforcement of property penalty in some courts; thirdly, there are certain inadequacies in the property penalty enforcement rule; fourthly, some agencies do not take the initiative in the enforcement of some duties.The third chapter, as the focus of the thesis, discusses the suggestions to improve the rule of property punishment implementation in our country. To begin with the improvement of the subject of property punishment enforcement, it proposes some suggestions to improve the facilitated rules: to set up the property investigation rule, to set up the property protection rule, to set up the payment delay rule, to set up the procedure of penalty measurement and to improve the procuratorial supervision rule. And we also put forward our concrete measures to better solve the property penalty enforcement difficulties in the following procedures as enforcement at the beginning, enforcement when controversies arising, treatment of mistakes, consignment enforcement, enforcement undertaking, enforcement recycle, the concrete measures of enforcement...