我国犯罪工具没收制度的研究.pdf

没收的范围进行合理的限制。 第四部分：犯罪工具没收的程序规则。首先对犯罪工具没收的保全及其后续 处理进行了简要介绍，并对我国犯罪工具没收保全措施的完善提出了针对性建 议。其次，对我国犯罪工具没收的决定程序进行分析，指出人民法院是有权决定 犯罪工具没收的唯一主体，并对定罪的和未定罪的没收决定程序提出了完善建 议。最后，对犯罪工具没收的执行程序进行梳理，并建议犯罪工具的没收应当由 人民法院执行部门统一执行。 关键词：犯罪工具；性质；没收范围；没收程序 1 Abstract The Criminal Tools Forfeiture is to make the criminal’s own property used for committing the crime compulsively nationalize. As an important measure to fight against the crime, the research is at the edge of criminal theory. The research on Criminal Tools Forfeiture is insufficient and controversial In China. There are many problems on Criminal Tools Forfeiture in judicial practice. This paper research on the Criminal Tools Forfeiture, on the basis of introducing its history, the nature of it will be studied. Then this paper will discuss about the entity and procedural rules of Criminal tools Forfeiture and make some targeted suggestions. There are about 37000 words in this paper. In addition to the introduction and conclusion, there are four parts: The first part: The history of Criminal Tools Forfeiture. In ancient China, no matter the criminal’s property related to the crime or not, it would be compulsively nationalize, so the Criminal Tools Forfeiture is attached to the Property Forfeiture. In modern times, the Criminal Tools Forfeiture separated from the Property Forfeiture and there are clearly provisions about Criminal Tools Forfeiture in whole China, but in mainland China the nature of the Criminal Tools Forfeiture is not clearly. In addition, the entity and procedural rules need to be consummated. The second part: The nature of Criminal Tools Forfeiture. The Forfeiture is a kind of entity disposition, not the same as Criminal Recover and Charged Compensation. As a