Legal Measures for Targeting the Proceeds of Crime
Edited by Simon N.M. Young
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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