Legislation Of Forfeiture Of Property Research

The penalty of confiscation of property is to deprive criminals of all orpart of property, has the characteristics of criminal penalty, property, free and limitedness, and it is different from the pecuniary penalty and thecriminal confiscation measures. The penalty in the history of our country has played an important role, and also has its unique advantages which can not be replaced. Along with the sense of sacrosanct about private property and modestly restraining spirit of the criminal law be deeply rooted among the people, many countries have reduced or even abolished the penalty of confiscation of property, which prompted me to ancient Chinese literature Search circles began to reflect on how to deal with the penalty of confiscation of property. These papers will analysis that there is no need for the existence of the penalty of confiscation of property through the research on China’s historical development and standpoint of theexistentialism and abolitionists. China’s current criminal legislation should not abolish the penalty of confiscation of property; instead, we need to improve the penalty. Compared with the life penalty and freedom penalty, the penalty of confiscation of property is obviously easier perceived for people in life from the heart and perception experience, which get deterrent effect. However Chinese current criminal forfeiture of property legislation exists the low principal penalty starting point, the wide scope ofapplication about penalty of confiscation of property, unclear applicable standards and scope of property and excessive discretionary power ofjudges and other defects, but we should not ignore its existence value due to its shortcomings. A pressing matter of the moment, we should improve the shortcoming from the scientific establishment of criminal legislation.