Research On The Confiscation Procedure Of Illegal Income In China

There are still many imperfections in the current legislative provisions on the confiscation of illegal income in China.The main problems are that the scope of application of the procedure is too narrow,the jurisdiction provisions of the courts are confused,and the litigant status of the participants in the proceedings is unclear.The standard of proof is too strict and the way of protecting the actor's rights is not perfect and so on.These problems have caused the special procedure's applicability to be greatly discounted,and affected the realization of the procedure's establishment purpose.On the one hand,analyzing and studying the special procedure of confiscating illegal income in our country is beneficial to perfect the relevant confiscation legislation of our country,to realize the unification of efficiency,fairness and justice,and to promote the construction of rule of law in our country to be in line with the international society on the other hand.In order to better guide our judicial practice,promote the legal application of special procedures for the confiscation of illegal proceeds,combat crimes,cut off the economic sources of crimes,effectively recover property lost by the State,resolve cases in a timely manner and put an end to disputes,Prevent the case from being pending for a long time.Therefore,the special procedure of confiscating illegal income has important theoretical and practical research value,and it is very necessary to carry on the in-depth research and discussion to it.As an important part of the revision of the Code of Criminal procedure in 2012,it was established to meet the needs of the United Nations Convention against Corruption(hereinafter referred to as the Convention).However,the specific application of the special confiscation procedure of illegal proceeds has been compared with that of the others.In January 2017,the Supreme people's Court held a press conference and announced that the Supreme people's Court,the Supreme people's Procuratorate,had fled in relation to theapplication of criminal suspects and defendants.Provisions on the procedure of confiscation of illegal proceeds in death cases(hereinafter referred to as "provisions").The introduction of the regulations has enhanced the practical operability of the procedure of confiscation of illegal proceeds and provided a direct basis for the application of the procedure of confiscation of illegal proceeds in judicial practice.In October 2018,the Criminal procedure Law was amended.Adoption of the Law of the people's Republic of China on Assistance in Criminal Justice(hereinafter referred to as the Law on Assistance),with an increase The chapter of the system of trial in absentia provides the theoretical support for the procedure,but there are still some problems in the procedure,which deserve our attention.