Concerning Humanitarian Execution On Property Penalty

Humanism is a matter of view of world which advocates caring for human, cherishing human and respecting human, living up to people oriented and people centered. Humanism about law originates from the period of Renaissance, develops in the period of the Enlightenment Movement, forms from the end of19century to the beginning of20century. From20century to nowadays, the study and development of humanism about law has become more mature. With the study and development of humanism about law, humanitarian issues of criminal law and penalty come into being. Property penalty, regarded as an important penalty, attracts more attention. Executing humanism with property penalty refers that the legitimate rights and interests of related people who are implemented property rights and interests are supposed to be respected and guaranteed when carrying out property penalty. As for the study of humanitarian execution on penalty, academia usually pays more attention to humanism about death penalty and punishment against freedom. However, the study of humanitarian execution on penalty is neglected to some extent so that this field offers a large research space to study.There is a long process of historical development of humanitarian execution on property penalty. In ancient China, humanitarian execution on property penalty has no humanity at all basically. Up to the period of constitution amendment in Qing Dynasty, humanitarian execution on property penalty has been developed and improved. In abroad, although the stipulation of penalty of property exists in an earlier time, its development has greatly achieved after the period of Renaissance. Therefore, it is of great significance to further develop and improve humanitarian execution on property penalty.Humanitarian execution on property penalty meets the trend of the development of world history, which is beneficial for penalty mitigation, humanism and social development. Specifically, according to humanitarian execution on property penalty in China, the law regulates more rules about humanitarian execution on property penalty, which well protect the legitimate interests of the people who are implemented property punishment in the judicial practice. But at the same time, it also has shortcomings, for example, the reservation of general penalty of the confiscation of property, the unclear regulation of the amount of fine punishment, little attention to protect the right of development of criminal’s families and so on. Based on this, we should further develop and perfect the methods of humanitarian execution on property penalty, for example, to abolish the general penalty of the confiscation of property and establish penalty of the confiscation of criminal property related to the crime, to improve application of fine punishment, to establish a probation system of fine punishment and a system of penalty reduction, to safeguard the legitimate interests of the criminals who are implemented property punishment and perfect the specific ways to the humanitarian execution on property penalty and so on. These measures are good for the further development and perfection of the humanitarian execution on property penalty.