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没收作为一种刑罚,长期适用于刑事审判领域,却也长期处于刑事法律所未规范的真空地带。从没收的本质看,应属于从刑一类,一经宣告,没收物的所有权即强制收归国家。可以说,没收直接导致对公民财产权的剥夺与限制。从传统报应理论及预防理论看,没收在刑法领域常常被赋予刑事政策上的重要任务,即有效合理地对抗犯罪。因此,以往国家为维持社会秩序稳定、维护国家安全,对社会危害性极大的罪犯,
For a long time, confiscation, as a kind of punishment, is applicable to the field of criminal trials, but it has also for a long time been in a vacuum that has not been standardized by criminal law. Seen from the essence of confiscation, it should belong to a class of punishment. Once declared, the ownership of the confiscated goods is compulsorily returned to the state. It can be said that confiscation directly causes the deprivation and restriction of citizens’ property rights. From the traditional theory of retribution and prevention theory, it confiscates the important task that criminal policies are often given to criminal law areas, namely, effective and reasonable counter-crimes. Therefore, in order to maintain the stability of social order, safeguard the national security and criminally harmful to society in the past,