关键词: 《美国法典》, 无辜物主抗辩, 民事没收制度, “未经定罪没收”程序, 第三人财产保护制度

Abstract:

"Innocent Owner Defense" has developed gradually from weak to strong in American law. It is now used for the protection of property of an innocent third party, which has brought new strength to American legal system. With a thorough analysis on its concept and applications, the study on this defense from the historical perspective not only means an in-depth knowledge of American civil forfeiture law, but also helps lay a solid foundation for the similar protection of property of an innocent third party in China.

Key words: American Law, Innocent Owner Defense, American civil forfeiture law, “confiscation without a criminal conviction”, protection of property of an innocent third party