The Procedure Of Special Confiscation In The Pursuit Of Stolen Goods

2012 new revision of the "Criminal Procedure Law of the People's Republic of China",the new "suspects,the defendant to escape,death cases illegal confiscation procedures"(hereinafter referred to as "special confiscation procedures").In the strict procedural limits,for corruption and bribery,terrorist activities and other major criminal cases,can be without conviction,the crime related to the illegal gains confiscated.To a large extent,the intensity of China's pursuit of stolen goods has been enhanced,efficiency has been improved,especially through the increase in stolen efforts to promote the smooth pursuit of pursuing,worthy of recognition.Especially in the judicial practice,there have been some success stories,such as"Li Huapo case".However,the "Code of Criminal Procedure" for the special confiscation procedures seem too rough,even if the two high issued a corresponding judicial interpretation,still can not completely solve the problems encountered in practice.Legislation for the special confiscation of the nature of the procedure,the standard of proof,the burden of proof,the definition of illegal income,the right to relief,etc.,still need to be strengthened.The UK and the Australia both set up "Crime Recovery Recovery Act of 2002"(hereinafter referred to as the "Crime Recovery Law").As well as the Civil forfeiture of the US,provide various useful references for China.