Study On The Illegal Property Confiscated Procedure

In recent years,Corruption and terrorism activities not only threat the public property,health and even lives but also destabilized the regime to some extent.while the publishing of these crimes usually involuntary discontinuance due to suspects and defendants’ escape or death.for the above mentioned circumstance,2012criminal procedure law added "illegal property confiscated procedure" in "special procedure.’There is no doubt that the new added "suspects and defendants escape or death case on the illegal property confiscated procedure" make up for the missing of trial by default,and plays an important role in improving the criminal legislation system.Meanwhile it benefits to solving the practical problem on prevention and fight against crimes.It also has positive significance to expropriating the abroad illegal income and strengthen the international judicial cooperation.Although the illegal property confiscated procedure has great progress of the times in many aspects, as a new program,it still has some shortcomings.At present,the related theoretical research and normative analysis are not often seen, thus it is necessary to do the intensive study and systemically research.This thesis takes the illegal property confiscated procedure as the main line,which was established in the latest criminal procedure law.Comprehending related laws, judicial interpretations and normative documents.this thesis is separated into five parts.The first part is a general introduction to illegal property confiscated procedure which was wrote from at home and abroad legislation background,related laws and the significance of establishment.The second part analysis the basic theory of the procedure in terms of legal basis and realistic meaning,emphasizing on rationality and necessity issues.The third part investigates the abroad related confiscated procedure,including criminal and civil confiscated procedure,Security measures procedure,trial by default procedure,separate illegal property confiscated procedure and make a brief evaluation of all kinds of abroad confiscated procedure.The fourth part did the empirical study according to two typical cases,and analysis the realistic problems that occurred or may occurs in judicial practice.The fifth part put forward some countermeasures to the discussed problems through systematically study the related issues on the illegal property confiscated procedure and the comparative analysis on the foreign confiscation procedure.Hoping this thesis will benefit to solving the judicial practice problems on the involved property.And making a contribution to the intensive research on this field.