刑事没收物的认定研究.pdf

Abstract Criminal forfeiture means the permanent deprivation of crime-related property by the criminal justice process, and criminal forfeit is the target of criminal forfeiture. Although the protection of private property rights is very important, but as a “small tropic”of criminal theory, the identification of criminal forfeiture has not yet received enough attention, not only theoretical and standardized lesser extent the conviction and sentencing, and also to bring some difficulties for judicial action. Therefore, based on carding the connotation of criminal forfeit and criminal forfeiture ,we should seeking the universal principle of forfeiture in theory, and draw lessons from domestic and international legislation, specifically to discuss“contraband, proceeds of crime, and criminal instruments” from the provisions of section 69 of the Criminal Code,and the “unconvicted forfeit” in 2012 the new Criminal Procedure Law, so as to strive for detailed discussion the problems of forfeit affirmation in theory, standards and practices, also perfect the criminal confiscate the legal framework. According to this idea, this paper is divided into five parts: The first part, Forfeit Overview”. This section is mainly to solve three problems: First, to clarify the concept of forfeit, and discriminate criminal forfeiture, civil forfeiture and administrative forfeiture; The second is to discuss the fundamental nature of criminal forfeiture; Third, introduce the overview of national criminal confiscation regime, as well as the relevant provisions of the International Convention .As foreshadowing of following discussion of the various problems in our system