Discussion On Safety Production In Administrative Punishment Of Illegal Income Determination

The confiscation of illegal income is an important type of the safety administrativepunishment. In the field of safety supervision, implementing administrative punishment ofconfiscation of illegal income played a very good role in attacking the relevant safetyviolations. Especially for some safety violations such as illegal production，illegalbusiness, illegal rental, confiscate the illegal income is one of the most effective way ofadministrative penalties. However, in the current safety administrative punishment field,the standard of the determination of illegal income is unreasonable. At the same time,there is no standard of the determination of illegal income for illegal storage of dangerousgoods. In the practice, safety supervision departments may be lacking of the evidencewhen confirming the illegal income of some illegal behavior. Accurate determination ofillegal income is now related to the administrative justice and the enforcement practice ofadministrative law. Lack of legal basis makes the safety supervision departments face therisk of losing in the administrative litigation. Therefore, it is necessary to analysis thestandard of confirming the illegal income, drawing on the view of "profit ", and otheracademic point, combining with the actual situation of safty administrative penalty. It isimportant to focus on rationality of standard of calculating illegal income. Throughlegislating and other aspects of the progressively improvement, improve standard ofcalculating illegal income. Through the above way, it is possible to make the safetyadministrative punishment be in accordance with the law and reasonable. It can helpsafety supervision departments to be impartial, and to have the better social credibility.