Protection Of The Rights Of Interested Parties In The Procedure Of Confiscation Of Illegal Gains

In recent years,the illegal gains confiscated program a relatively important innovation of the criminal procedure law of our country.Since formally implemented in 2012,the program in the fight against crime and recovered,played an important role in the illegal income.Not only save a lot of country and social economic losses,trying to escape from criminal punishment for criminal has played a great deterrent effect.However,with the application of more and more cases,the procedure also exposed some problems in judicial practice.If the scope of the interested party is not clear,the standard of proof is vague,the disposal of the application for confiscation of property does not fully consider the interests of the interested party,etc.The existence of the above problems has a direct impact on the rights of relevant stakeholders and determines whether their legitimate interests can be fully protected.Therefore,we should base on the actual basis for perfecting the related provisions of the program.In order to meet the new needs of judicial practice,it is suggested to optimize the design of the system provisions about the protection of the rights of interested parties in the confiscation procedure of illegal income.The concrete suggestions are as follows: firstly,the scope of the interested parties should be defined and the dispute whether the creditor can participate in the procedure should be resolved;Secondly,the standard of proof of this procedure should be reasonably defined,and different standards of proof should be adopted for the facts related to the crime and those related to the application for confiscation of property.Thirdly,under the premise of considering the interests of interested parties,we should improve the disposal measures of applying for confiscation of property,further refine the scope of illegal gains,continue to innovate the management mode of applying for confiscation of property,and add the adjudication procedure of disputes over ownership claims of interested parties.Finally,based on the basic national conditions of our country,we can learn from the legislative mode of confiscation procedure in other countries,and constantly expand the legal provisions of this procedure,or even legislate it separately when the conditions are ripe.The above measures not only realize the original intention of cracking down on crimes and recovering illegal gains,but also provide more effective measures to protect the rights of interested parties.