Fei, Xing; Fong, Kung Shun --- "The Confiscation System in Mainland China" [2009] ELECD 225; in Young, N.M. Simon (ed), "Civil Forfeiture of Criminal Property" (Edward Elgar Publishing, 2009)

Book Title: Civil Forfeiture of Criminal Property

Editor(s): Young, N.M. Simon

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847208262

Section: Chapter 9

Section Title: The Confiscation System in Mainland China

Author(s): Fei, Xing; Fong, Kung Shun

Number of pages: 25

Extract:

9. The confiscation system in mainland
China
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 confis-
cation in Chinese criminal law, where confiscation of property as a penalty co-
exists with confiscation of illegal assets as a disciplinary measure. The second
part discusses confiscation of illegal gains as a punishment in Chinese admin-
istrative law. It will examine the legal status of this punishment and its appli-
cation in authorized and delegated legislation. Finally, the third part analyses
problems of the current system and the prospect for improvement. The incon-
sistencies 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 inter-
pretations of the penal code and acts.1 The bulk of Chinese criminal law is


1 By the narrowest ...