定罪没收和未定罪没收是我国目前刑事没收的两种形式,两种没收既有联系又有区别。两种没收均发生在刑事诉讼中,由人民法院统一行使没收权。定罪没收属于对人诉讼,而未定罪没收属于对物诉讼。两种没收在没收权的配置、司法程序、适用条件、法律性质和证据规则等方面均有明显差异。 Condemnation of confiscation and confiscation are two forms of criminal confiscation in our country at the present time. There are two types of confiscation of both existing and separate forms of confiscation. Both types of confiscation took place in criminal proceedings and the people’s courts exercised their powers of confiscation. Confiscation confiscation belongs to the lawsuit, without conviction confiscation belong to the lawsuit. There are obvious differences between the two types of confiscation in terms of confiscation of powers, judicial procedures, conditions of application, legal nature and rules of evidence.