论没收财产刑
发布时间：2018-10-26 07:45
【摘要】：摘 要 没收财产是指由人民法院判处的将犯罪分子个人所有财产的一 部或全部强制无偿收归国有的一种刑罚方法。它源远流长，曾在封 建社会盛及一时，为世界各国广为适用，到资本主义社会后，其适 用逐渐缩减。当今，仍保留有没收财产刑的国家己屈指可数了，在 这些国家中，人们对没收财产刑的存废也展开过激烈的争论，众说 纷给，观点不一。本文通过对没收财产刑的价值进行分析，认为它 过分突出惩罚功能，缺少教育改造功能，又具有浓厚的政治否定色 彩与重刑主义色彩，故只宜在保护重大公共利益的需要时才予以慎 重适用。而我国在 1997年刑法修改时不仅没有减少、反而扩大了 没收财产刑的适用范围，共有72个罪名规定可适用该附加刑，如 此广泛地规定没收财产刑的适用有修于现代理性刑的构建。我国应 当对这些规定进行反思，借鉴他国作法，顺应时代潮流，根据本国 国情大幅度削减没收财产的适用规定，而代之以罚金。同时，，没收 财产的裁量和执行是实现没收财产刑目的的关键，也不容忽视。目 前，我国没收财产刑在该两环节中仍有不少问题，亟待规范。
[Abstract]:Summary to confiscate property is a penalty method that is imposed by the people's court to impose a part or all of the criminal's personal property to the state without charge. It has a long history. It was widely used by all countries in the world and gradually decreased after it was used in capitalist society. Today, there are few countries that still retain the penalty of confiscation of property. In these countries, there has been a heated debate about the retention and abolition of the penalty of confiscation of property. Opinions differ. Based on the analysis of the value of the confiscation of property penalty, the author thinks that it has too much emphasis on the punishment function and lacks the function of education reform. It also has a strong color of political negation and severe punishment, so it should be carefully applied only when the need to protect the important public interests. However, when the Criminal Law was amended in 1997, the scope of application of the penalty of confiscation of property was expanded. A total of 72 crimes were stipulated that the additional penalty could be applied. Such as the extensive provisions of confiscation of property penalty has been modified in the construction of modern rational punishment. China should reflect on these provisions, draw lessons from other countries' practices, conform to the trend of the times, greatly reduce the applicable provisions for confiscation of property according to its own national conditions, and replace them with fines. At the same time, the discretion and execution of confiscation of property is the key to realize the purpose of confiscation of property, and can not be ignored. There are still many problems in the two links before the confiscation of property in our country, which needs to be standardized.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2001
【分类号】：D924.1
本文编号：2295038
[Abstract]:Summary to confiscate property is a penalty method that is imposed by the people's court to impose a part or all of the criminal's personal property to the state without charge. It has a long history. It was widely used by all countries in the world and gradually decreased after it was used in capitalist society. Today, there are few countries that still retain the penalty of confiscation of property. In these countries, there has been a heated debate about the retention and abolition of the penalty of confiscation of property. Opinions differ. Based on the analysis of the value of the confiscation of property penalty, the author thinks that it has too much emphasis on the punishment function and lacks the function of education reform. It also has a strong color of political negation and severe punishment, so it should be carefully applied only when the need to protect the important public interests. However, when the Criminal Law was amended in 1997, the scope of application of the penalty of confiscation of property was expanded. A total of 72 crimes were stipulated that the additional penalty could be applied. Such as the extensive provisions of confiscation of property penalty has been modified in the construction of modern rational punishment. China should reflect on these provisions, draw lessons from other countries' practices, conform to the trend of the times, greatly reduce the applicable provisions for confiscation of property according to its own national conditions, and replace them with fines. At the same time, the discretion and execution of confiscation of property is the key to realize the purpose of confiscation of property, and can not be ignored. There are still many problems in the two links before the confiscation of property in our country, which needs to be standardized.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2001
【分类号】：D924.1
【引证文献】
相关硕士学位论文 前7条
1 李业旺;没收财产刑研究[D];郑州大学;2006年
2 赵雪军;论没收财产刑的限制[D];中国政法大学;2007年
3 梁艳;论没收财产刑[D];四川大学;2007年
4 柯云麟;财产刑执行问题研究[D];湖南大学;2008年
5 罗明胜;没收财产刑研究[D];山东大学;2009年
6 吴又如;宪法学视野下我国没收财产刑的重构[D];湘潭大学;2008年
7 张勇;探析我国没收财产刑存在的问题[D];贵州大学;2008年
本文编号：2295038
本文链接：https://www.wllwen.com/falvlunwen/xingfalunwen/2295038.html
