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财产刑的存废既关涉社会整体的安全,又关涉犯罪人财产的安全。无论国家本位主义还是个人本位主义,其观点均有偏失。适当的做法是在保障社会整体安全的基础上,兼顾犯罪人财产的安全。基于保障社会整体安全的考虑以及财产权对个人生存和幸福的重大价值,对犯罪人课以财产刑的必要性毋庸置疑,但必须在财产刑的配置上体现公正原则。具体的要求包括:财产刑仅能适用于针对不特定人财产利益的犯罪行为;对财产刑的配置不应以犯罪人从犯罪行为中的获益,而应以犯罪人给社会造成的损害为准;财产刑配置的数额应与犯罪人给社会造成的损害数额相等而不是更多。但对于并非仅为谋取私利而是选择与全社会为敌的犯罪行为,没收其全部财产也是公正的。
Existence and punishment of property punishment not only relates to the safety of the whole society, but also relates to the safety of the property of the offender. Regardless of nationalism or individualism, their views are both biased. The proper approach is to take into account the safety of the perpetrator’s property on the basis of ensuring the overall safety of society. Based on the consideration of the overall social security and the great value of property rights for the survival and happiness of individuals, there is no doubt about the necessity of criminalizing property crimes with property crimes. However, the principle of fairness must be reflected in the allocation of property crimes. Specific requirements include: property punishment can only be applied to criminal activities against the interests of unspecific property; the allocation of property punishment should not benefit criminals from criminal acts, but should be the perpetrators of social harm caused by The amount of property punishments should be equal to the amount of damage inflicted on the society by criminals rather than more. However, it is also fair to confiscate all of its property for criminal acts that are not solely for personal gain but for the enemy of the entire society.