On The Determination Of Illegal Gains In The Administrative Penalty Law

With the acceleration of the process of ruling the country by law,how to improve the enforcement efficiency of the administrative organs and ensure the standard enforcement of the law has become the key issue that the administrative organs should pay attention to again.As one of the legal types of administrative punishment,confiscation of illegal income not only appears frequently in the administrative legislation of our country,but also has a wide range of application in the field of administrative law enforcement.However,from the point of view of China's current administrative legislation,the administrative punishment law and other superior laws do not clearly stipulate the identification standard and application scope of illegal income,resulting in different standards and confused application of administrative organs in the identification of illegal income,which has led to a series of adverse consequences.For example,various administrative departments have formulated legal documents of different levels of effectiveness on the identification of illegal income,which affects the unification of the legal system and easily leads to the failure of administrative organs in litigation.The diversification of the scope of illegal income and the standard of identification impair the legitimate rights and interests of the administrative counterpart.Therefore,whether it is theoretical research or practical exploration,it is necessary to systematically comb and analyze the identification of illegal income in administrative law.The article mainly analyzes the relevant problems of the identification system of illegal income in administrative punishment law from four aspects.Through the study,we can understand the current situation of the illegal income recognition system in theory and practice in China's administrative law,and more importantly,it can reflect the shortcomings of the illegal income recognition system in China.On the one hand,while in China on January 22,2021,voted by the "law on administrative punishments" modify specific provision in the draft of the definition of the illegal income,the in the administrative legislation is undoubtedly a major legislation progress,but our country the law on administrative punishments,latest extension of the concept of the illegal income derived therefrom are not completely covered in practice all the object of the illegal income.Therefore,we should define illegal income as the illegal property obtained by the wrongdoer in violation of administrative legal norms by means of literal interpretation and objective interpretation.On the other hand,in view of the complicated status of legislation and practice in the identification of illegal income,firstly,it is necessary to clearly stipulate the identification method and scope of illegal income in legislation,so as to provide superior law guidance for the practice of administrative law enforcement in our country.Secondly,strengthen the establishment of law enforcement coordination mechanism among various administrative departments,coordinate the unified application of law levels among various administrative departments,and integrate and improve the existing legislative provisions on the identification of illegal income.Finally,taking the compromise theory as the standard,the scope of application of illegal income is clarified and the standard of identification of illegal income is unified.Illegal gains,for example,should not include costs;Illegal income should be deducted from taxes;Illegal gains should include interest,etc.