As the fight against gangsters and evil officially enters the stage of normal governance,it is particularly important to identify,accurately dispose and fully implement the ownership of gang-related property.In judicial practice,however,because the police,the ownership and property form diverse,normative documents established standards is too principle,its defining screening work there are many realistic difficulties,of which the illegal income derived benefit analysis,the correlation of the nature of the enterprise property and gang-related type enterprise employee wages and properties in screening the most intractable.Guided by the above problems,this paper explores the causes behind the problem of the identification of black-related property,clarifications the theoretical disputes about the confiscation of illegal income in the academic circle,and establishes more reasonable confiscation rules based on the classification of value-added income by taking into account factors of labor production and the correlation with the original crime.Define the types of related enterprises and strictly grasp the screening requirements of assets of black-related enterprises;put forward a more perfect definition of wage-type property standard conception,considering the protection of legal property of organization members.In order to refine the identification rules of black-related property to achieve the standardization of property disposal procedures. |