Research On The System Of Confiscation Of Illegal Finance In The Law Of Administrative Punishment

The confiscation of illegal property in the field of administrative punishment is a kind of administrative confiscation.Its formal establishment began with the promulgation and implementation of the "Administrative Punishment Law".And it has gradually become an important system in my country’s administrative law,which is of great significance to cracking down on illegal activities and maintaining social stability.However,the confiscation of illegal property is exposed in the "Administrative Punishment Law" : vague legal attributes,lack of simple procedures for confiscating small amounts of illegal property,missing confiscation measures,management of fined and confiscated property deviates from the original intention of the legislation,etc.,and cannot meet the needs of law enforcement practice.Aiming at the above problems,the article affirms the legitimacy of the confiscation of illegal property system on the basis of the theory of the Administrative Punishment Law,and puts forward corresponding improvement measures to solve the practical obstacles encountered in the application process of the confiscation of illegal property.Specifically:The first part of the article discusses the theoretical basis of confiscation of illegal property under the Administrative Punishment Law.Analyze the requirements for the establishment of confiscated illegal property from the three elements of constituent elements: propriety,illegality and responsibility;Adopt the view of most scholars and distinguish illegal property into illegal tools,contraband and illegal property;The Constitution,civil law and administrative law analyze the property rights of illegal property under administrative punishment;The justification of confiscation of illegal property is explained from the perspectives of public interest and restriction of private property rights.The second part points out the existing drawbacks of confiscating illegal property under the Administrative Punishment Law.The Administrative Punishment Law is wrong in its legal positioning of "confiscation of illegal property" and omits "seizure" measures;Including the confiscation of relatively valuable illegal property in the hearing procedure while still applying general administrative procedures to the confiscation of small illegal property is not conducive to achieving efficiency and convenience for the people;In practice,there is confusion about the criteria for law enforcement agencies to assess the value of illegal property;Improper management of fines and confiscated property has led to serious property loss.The third part analyzes the reasons for the existing shortcomings of the confiscation system from both subjective and objective aspects.The objective reasons are: the legal nature of the confiscation of illegal property is disputed;The legal norms for confiscating illegal property are not perfect,law enforcement practices are relatively complicated,and the infrastructure used to manage confiscated property is not perfect;The subjective reason is that the discretion of administrative entities to punish is relatively arbitrary.In order to better improve the system of confiscation of illegal property under the Administrative Punishment Law,Part IV analyzes the administrative legal attributes and legal constituent elements of confiscated illegal property,and on the basis of affirming the sanctioning nature of administrative punishment,characterizes confiscation of illegal tools as administrative punishment,and confiscation of contraband as administrative security sanctions.Part V puts forward suggestions for improvement in four aspects,namely,adding "seizure of non-illegal property",clarifying the legal definition of illegal property,including confiscation of small amounts of illegal property in the scope of application of summary procedures,improving the management system for fines and confiscated property,and formulating and improving discretionary standards for confiscated illegal property by various departments to standardize law enforcement.