Civil Forfeiture of Criminal Property

Civil Forfeiture of Criminal Property

Legal Measures for Targeting the Proceeds of Crime

Edited by Simon N.M. Young

In this book, which is the first of its kind, leading experts examine the civil and criminal forfeiture systems in Australia, Canada, China, Ireland, South Africa, the United Kingdom and the United States. In the fight against organized crime and international money laundering, there is a global trend for countries to enact forfeiture and confiscation laws that are applied through the civil process rather than the traditional criminal justice system. The authors gathered here analyze the appeal these civil forfeiture laws have for governments for their potential to disrupt criminal organizations and for their quantifiable benefits to the state. But without the usual safeguards of the criminal process, civil forfeiture laws are controversial, attracting constitutional challenges, particularly on human rights grounds.

Chapter 9: The Confiscation System in Mainland China

Xing Fei and Kung Shun Fong

Subjects: economics and finance, economic crime and corruption, law - academic, corruption and economic crime, criminal law and justice, finance and banking law, human rights, politics and public policy, human rights


Xing Fei and Kung Shun Fong INTRODUCTION This chapter seeks to give a brief introduction to the confiscation system in Mainland China within the context of the current legal system. The term ‘confiscation’ appears in many legal documents in China with different natures and purposes but it is most relevant in two main areas: criminal law and administrative law. In analysing these confiscation powers, this chapter is divided into the following parts. The first part introduces and analyses confiscation in Chinese criminal law, where confiscation of property as a penalty coexists with confiscation of illegal assets as a disciplinary measure. The second part discusses confiscation of illegal gains as a punishment in Chinese administrative law. It will examine the legal status of this punishment and its application in authorized and delegated legislation. Finally, the third part analyses problems of the current system and the prospect for improvement. The inconsistencies and proliferation of confiscation and the lack of co-ordination among different branches of law are possible obstacles for future international co-operation in combating corruption, being an important concern of society, and for China as it strives to meet international standards. CONFISCATION IN CRIMINAL LAW The criminal law in Mainland China derives from three major sources: the penal code and its amendments, specific penal acts and legally binding interpretations of the penal code and acts.1 The bulk of Chinese criminal law is By the narrowest meaning, sources of law are rules binding on the court in its adjudication. According to some scholars,...

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