Reflection On The Related Issues Of Applying The Procedure Of Confiscation Of Illegal Income

As a special procedure,the procedure for confiscation of illegal income is less applicable in current practice,and as to its theoretical studies,it often focuses more on the legislative recommendations.After investigating and analyzing the application of the procedure of confiscation of illegal income in China,we can find that there are many problems to be solved urgently in its practical application.For example,the rate of application in cases of fugitive illegal income is rather low;Differences exist in the means of confiscation.Differences exist in the application of the stand of proof,Lack of protection of rights of interested parties and the procedure application of some case is unreasonable.Therefore,we need to improve the relevant provisions of the illegal gains procedure in the light of legislation and applicable circumstances.Firstly,we shall optimize the conditions for the initiation of cases in which suspect is hiding,including the removal of the wanted period and the refinement of the criteria for determining major cases,so as to enable more cases of escape to be included in the scope of application of confiscation procedures for proceeds of crime.Secondly,we shall establish and improve the value confiscation mechanism when the defendant's illegal income are lost,the value can be confiscated in his legal property,so that the loss to the national interests can be compensated.Thirdly,we shall clarify the standard of proof of the procedure for confiscation of illegal income,the standard system of differentiation proof shall be established according to the difference between the procuratorial organ and the interested party.Then,we may further strengthen the rights of interested parties through expanding the scope of the right to know,giving interested parties the right to legal aid,and using the hold hearings in the second instance.Finally,within the scope of the coincidence between the confiscation procedure for illegal income and the application of the criminal absent trial procedure,we shall clearly define the priority of the application of the confiscation procedure for illegal income.Based on the above-mentioned main points,we shall try our best to improve the procedures for confiscation of illegal income in our country,improve the application rate in the practice of the procedure,and give full play to the role of the recovering the booties of the procedure.