Research On Procedures For Confiscation Of Illegal Gains In The Supervision Law

In the anti-corruption work of pursuing fugitives and recovering stolen goods,the purpose of exercising the right of confiscation by applying the procedure of confiscation of illegal proceeds is not to punish and punish the crime,but to recover the economic loss and restore the original state of property,and to play a preventive and warning role for the public officials’ illegal crimes in office.The confiscation procedure in the field of supervision law has a judicial precedence,and still needs to be improved in the stage of application of the "convergence of law and law" and in the process of international anti-corruption cooperation practice,such as confusion in the application of confiscation and recovery in the field of supervision for official violations and official crimes,irregularities in the procedure of transferring property involved in cases by the supervisory authorities,and unreasonable setting of confiscation methods.The confusion over the application of confiscation and recovery in the field of supervision,the lack of standardized procedures for the transfer of the supervisory authorities’ property involved in the case,and the unreasonable setting of confiscation methods.Therefore,the procedure for confiscation of proceeds of crime should be improved,taking into account the current situation in practice and the legislation.The confiscation procedure should be clearly differentiated at different stages of the case,and its connotation and criteria should be fully established;the procedure should be analyzed and studied at the theoretical level from the perspective of the Supervision Law;the content of the substantive law and procedural law,the Supervision Law and the Criminal Procedure Law should be integrated;the differences between the confiscation procedure for cases of official violations and crimes should be clarified,so that the rules of application of the procedure can be improved;and the confiscation procedure for property involved in a case should be clarified.In addition,we will clarify the criteria for the identification of property and illegal income,and unify the conditions for the application of confiscation procedures;clarify the procedural provisions of confiscation procedures in the practice of the interface between criminal and prison,and establish a scientific system for handling prison and criminal cases;and clarify the responsibilities of the supervisory authorities in international judicial cooperation against corruption,so that international cooperation against corruption can be carried out more efficiently.In order to improve the application of the procedure of confiscation of illegal proceeds in the field of supervision,let the procedure play the original purpose of its establishment in reality,and fully realize the important practical significance of the confiscation procedure for the recovery of anti-corruption proceeds.