Research On The Proof Standard Of Confiscation Procedure Of Illegal Income In China

Since the confiscation procedure of illegal income was added to the Criminal Procedure Law in 2012,the academic circles have been discussing the proof standard of the procedure.The Criminal Procedure Law does not specify what proof standard should be applied to the confiscation procedure of illegal income,and the subsequent judicial interpretation has not made clear provisions.Although the provisions of the Supreme People's prosecutors of the Supreme People's Court on the application of the procedure of confiscation of illegal income in criminal suspects,defendants escape and death cases issued afterwards have made relatively detailed provisions on the proof standard of the procedure,there are still some imperfections.The article analyses the procedure of confiscation of illegal income and the current academia customs through the analysis of the procedure of confiscation of illegal income.Based on the analysis of the proof standard of this procedure,this paper innovative puts forward the viewpoint that the proof standard of illegal confiscation procedure is different.Through the theoretical overview of the confiscation procedure of illegal income,this paper sums up its procedural characteristics,compares and analyses the confiscation procedure of illegal income with the civil procedure,and refers to the judicial and civil confiscation system of the United States,establishes the nature of the confiscation procedure of illegal income,which lays a foundation for the determination of the proof standard of the confiscation procedure of illegal income;and through the analysis of the domestic academic circles about illegal institutions.This paper combs,discusses and analyses the standpoint of proof standard of confiscation procedure,evaluates and draws lessons from the provisions of proof standard of confiscation procedure of illegal income in foreign countries,sums up the problems existing in the current provisions of proof standard of confiscation procedure of illegal income in our country,and analyses the reasons for its existence;and in general criminal law.After analyzing why the proof standard of "eliminating reasonable suspicion" should be applied in the procedure of confiscation of illegal income,this paper puts forward the view that the proof standard of relatively low requirements should be applied in the procedure of confiscation of illegalincome,and further puts forward that the facts that the prosecutors need to prove should meet the proof standard of "high probability",and that the facts advocated by the stakeholders should meet the proof standard of "superior evidence".In the procedure of confiscation of illegal income,a differentiated proof standard system has been established.