On "Property" in Forfeiture of Property
Wan Zhi-peng
Abstract
Wan Zhi-peng
Abstract
The criminal law scholars in China cannot understand clearly on the substance of Forfeiture of Property for a long time,which stems from the absence of deep research on which included in the penalty.Legally,any property' essence lies in the right of property,and the relationship between the concept of property and the concept of object is that the former include the latter.The substance of Forfeiture of Property in China's criminal law is the deprivation of criminal's right of private property,not the specific object.Only we recognize this,can we understand Forfeiture of Property is beyond the punishment's legitimate foundation and has been abandoned by most countries in the world.
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The criminal law scholars in China cannot understand clearly on the substance of Forfeiture of Property for a long time,which stems from the absence of deep research on which included in the penalty.Legally,any property' essence lies in the right of property,and the relationship between the concept of property and the concept of object is that the former include the latter.The substance of Forfeiture of Property in China's criminal law is the deprivation of criminal's right of private property,not the specific object.Only we recognize this,can we understand Forfeiture of Property is beyond the punishment's legitimate foundation and has been abandoned by most countries in the world.
Key concepts: Property (philosophy), Immovable property, Intangible property, Punishment (psychology), Law and economics, Criminal law, Tangible property, Private property