关键词: 特殊没收, 独立法律效果, 涉案财物, 没收范围

Abstract: Article 64 of the Criminal Law is the regulation of our country concerning special confiscation which in nature is an “independent legal effect” that distinguishes it from penalties and security measures. Confiscating “possessions for the crime” is， in essence， an intervention implemented to safeguard public interests and prohibit the abuse of property rights. The recovery and the order of restitution have only procedural significance， and confiscation is a compulsory measure for the substantive and final nature of the property involved. When special confiscation is applied， it is not necessary to establish a crime， and it is not based on the criminal himself. On the scope of confiscation， it should be followed from the “facts” to the “value” by determining， firstly， the range of criminal object through the selection of such fact elements as the infringement of legal interests and the degree of crime relevance， and then， the necessity of confiscation through the selection of value elements such as the purpose of crime prevention and the concept of property protection.

Key words: special confiscation, independent legal effect, property involved, scope of confiscation