比较法视野中的保安没收——兼论我国刑法中保安没收的缺陷及其改正

On Security Confiscation in the Perspective of Comparative Law——The Defects and Correction of Security Confiscation in Criminal Law of China

保安没收是指司法机关以消除社会安全隐患、预防犯罪为目的,根据法律的规定对特定之物予以强制无偿剥夺的法律措施。保安没收属于刑法中保安处分的一种,其性质是预防性的,与作为刑罚的没收财产以及其他没收法律措施有本质区别。多数国家的刑法中都设置了保安没收,但各有特色。我国刑法中同样存在保安没收,但由于种种原因其设置还存在许多缺陷。

Security confiscation is a legal measure by which the judicial authority confiscates the specific property gratuitously according to the law to eliminate potential safety problems and prevent crimes. As one of the security measures in criminal law whose nature is preventive, it is different from forfeiture of property and other con- fiscation measures in essence. In criminal law of most countries around the world, there is security confiscation with its own characteristics. Chinese criminal law also has security confiscation, though in the settings of which there are many defects for a variety of reasons.