| 英文摘要 |
The recent amendment of the confiscation law has adopted the idea of confiscation reduction from German Criminal Law s38-2(b). The main concern is that, confiscation, as a criminal sanction which intervenes people’s property rights, should comply with the proportionality requirement. The legislative purpose of confiscation reduction is agreeable. However, the legislative techniques needs to be adjusted because the same criteria of reduction is applied to all cases, and the contents of reduction are vague. Concerning that the re-amendment is not possible in the near future, this article suggests that we should establish the importance and concrete meaning of the legitimate causes of reduction base on the different purposes of types of confiscation. |
