Research On The Confiscation Of The Proceeds Of Crime

With the rapid development of social economy,the social order of our country has been maintained under the regulation of criminal law.But after all,society is a dynamic process of change and development,all kinds of contradictions are always accompanied by it,and criminal activities are also showing a growing trend.According to the 64 conditions of the current Criminal Law of our country,it provides for the disposal of property obtained through illegal and criminal activities,and holds that the state must confiscate all the property derived from crime in accordance with the law,so as to embody the principle of penalty in our country to the maximum extent.Make criminals and the public aware of the heavy cost of crime,in order to regulate their own words and deeds.Since then,no.The collection of proceeds of crime has received extensive attention in the field of criminal law in our country,and it has been enthusiastically discussed in both theoretical and practical circles.Especially under the background of socialist rule of law against corruption in our country,it emphasizes the importance of confiscating the proceeds of crime,but through the provisions of the current Criminal Law of our country,it can be seen that the relevant rules of forfeiture of proceeds of crime are not clear,and the nature of the proceeds of crime is still controversial with the general applicable rules.Therefore,the first part of this paper starts with the basic concept of confiscation of proceeds of crime,on the basis of exploring its types,analyzes the nature of the remaining controversial issues,and analyzes its nature orientation from the current penalty theory and security punishment theory.Confiscation of proceeds of crime is considered neither a penalty nor a security measure,but an independent criminal measure.It also makes a rational reflection on the possible legal philosophy and discusses in detail the essence,purpose,justification and philosophical dilemma of the confiscated proceeds of crime.The second part analyzes and discusses the general applicable rules for the confiscation of proceeds of crime,including the applicable principles for the confiscation of proceeds of crime,the general review rules,the applicable rules for the confiscation of proceeds of crime of third parties and the applicable rules for derived proceeds of crime.The third part thinks that there are some problems in the current system of confiscation of proceeds of crime in China,such as unclear orientation of the nature of confiscation of proceeds of crime,unclear logical relation of various criminal measures,unclear criteria for establishing the proceeds of crime and imperfect confiscation system for third party proceeds of crime.