Improving Of The Process Of Confiscation On Illegal Income Of The Case In Which Criminal Suspect Escape Or Dies

The United Nations examined and adopted United Nations Convention against Corruption in2003; it had provided the procedure which is without the criminalization of process of confiscation on illegal income. Then the countries all over the world have developed unique without the criminalization of process of confiscation on illegal income. Our country also revises the Criminal Procedure Law and establishes the process of confiscation on illegal income of the case in which criminal suspect runs away or dies. The process is based on our country’s reality and combined with the traditional legal culture, reference beneficial experience from other countries which set up without the criminalization of process of confiscation on illegal income. At present, the newly revised Criminal Procedural Law stipulate this process content by four articles, and relatively coarse, the process design is relatively abstract. Although our country introduced judicial interpretation, the process still has difficulties in much content for using. This paper tries to analysis the problem and shortcoming, and put forward some improving measures.Besides the introduction and conclusion, the text is divided into four parts, a total of words more than thirty thousand.The first part is summarizing the general theory of this process, including basic definitions, characteristics, significance and the basic principles.The second part analyses this process in other countries. After introduce American’s civil confiscation of the program, British’s civil recovery procedure and Australian’s criminal earnings recovery procedure, this chapter summarize German’s objective litigation procedure, Italy’s security measures system and Taiwan’s separate confiscated program. In the end, we can get some enlightenment from the overseas investigation.The third part is pointed out that the process main existing problems which is divided into five parts. These problems mainly includes the application in the main body is not reasonable, definition of confiscation of property is not rigorous, the applicable scope of the case is not clear, the burden of proof and proof standard is not clear, the guarantee of rights is incomplete.The fourth part is pointed out the basic principles, and puts forward the idea of perfect. First, the process should be given to interested persons to apply for the qualification, and set up incentives to encourage accused person’s close relatives take the initiative to apply. Second, the substantive property should be included within the range of property confiscated, and mixing property confiscated should use different treatment in different situation. In addition, the property for a crime should not be confiscated. Third, suitable types of cases should be done properly and clearly expand and delete "other major crimes". Not only to the severity of the case and wanted time as the applicable standard. Fourth, interested and the prosecution should apply different standards of proof. Fifth, further modification shall be notified in the announcement and perfection measures must be applied in the case of property preservation measures.