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Confiscate The Illegal Income Before Judgment Procedure

Posted on:2014-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:S S QiaoFull Text:PDF
GTID:2266330401969601Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Illegal income confiscated program before judgment, which is the content of special program chapter3of the2012"criminal procedural law", can punish and prevent crime, defend the interests of our country and the victim, improve the efficiency of the judicial., and also reflects the judicial justice. But it doesn’t suitable for the judicial practice. Some concepts should be cleared, some problem should be refined. According to the2005China’s approval of the United Nations anti-corruption treaty, and referring to the relevant legislation and practice of other countries, and in combination with our country’s existing laws and regulations, we can further improve and refine the program.Firstly, analysis of what is the program, including its concept, content and scope of application. Secondly, study the reason of why to establish the program, including its theoretical basis and value. Then, discuss how to solve the similar problem aboard and make a comparison. Finally, research how to make the procedure embodies judicial justice.On the whole, the essay is about how to complete the program by means of studying the similar legislation of other countries.
Keywords/Search Tags:Illegal income, Civil forfeiture, Criminal forfeiture, Judicial justice
PDF Full Text Request
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