The Research On Confiscated Program Of Illegal Income In China

"No man should benefit from crime" is an important rule of natural justice,as disposal of "money stolen goods" new attempt,confiscation of illegal income program set up to follow this principle,opened up a new milestone in the field of criminal litigation.In recent years,the frequent occurrence of the accused,the death of the criminal suspect and the escape of the suspect in our country has aroused widespread concern.In existing criminal justice system,if ACTS of terrorism crimes or corruption crimes in the above case,had to interrupt or stop criminal proceedings,associated with crime also cannot be confiscated of the illegal income.In this way,it is impossible to recover the funds transferred or transferred to the outside world.It is also difficult to realize the legal return on the property of the victim,which will pose a serious threat to the stability and harmony of the society in the long run.The illegal income confiscation procedure is set up to address the prominent problems in judicial practice in response to the needs of anti-corruption and anti-terrorist struggle.Under the above background,a breakthrough in our points legislation caused the wide attention of the society,namely the "criminal procedural law" in the fifth officially enrolled in the program special chapter the defendant or a criminal suspect,escaping death cases of the illegal income confiscated.Despite the breakthrough effectively fill the deficiency of the original points,but it also puts forward new problems and challenges on academic theory research,typical problems is between the new program with the old problem.In this study,mainly divided into three parts: the first part is the overview,mainly for illegal gains confiscated procedure carries on the preliminary interpretation,based on the contemporary realistic background,affirmed the practical significance and application value of the illegal gains confiscated program,and then separately from the scope of application,jurisdiction and court proceedings,the relief procedure three aspects in this paper,the basic content of the present legislation in our country.The second part is about the illegal gains confiscated program,through the analysis of the legislative status quo of the illegal income confiscated program,found in the cases related to the program’s scope,confiscate the object,exists to prove that the limitations of standard and relief way,and in the property involved in the operation process of investigate,start the program problem such as lack of motivation.The third part is the perfect conception of the illegal income confiscation procedure in China,including the clear application scope.Clarify the object of confiscation;Clear proof of standards and burden of proof;To clarify the rights relief of interested parties;At the same time,we will improve the investigation system of the property involved in the case,arouse the consciousness of the procuratorial organ,and focus on solving the obstacles in the operation of the procedure,and realize the function and value created by the procedure.