Research On The Determination Of Illegal Income Of Bribery Crime

In the current criminal law and judicial interpretation in China,there are only relatively macro related provisions on the illegal income of bribery crime,and the detailed operation rules are not perfect enough,which leads to the different practices in judicial practice.However,there are a lot of cases involving illegal income in practice,but at present,the standard of the determination of illegal income of bribery has not been defined uniformly,and there are also some problems such as imperfect basis,unclear scope definition,unreasonable calculation rules and inconsistent evidence standards.There are some disputes in the academic field on the scope of illegal income,including the concept discrimination between illegal income and criminal income,the positive and negative views on whether the criminal income should be included in the illegal income,and the theory of confiscating mixed property exists all and part of the confiscation.The confiscation of illegal income of bribery crime should follow the principle of direct connection,proportion and humanitarian.The standard of proof for illegal gains of bribery crime is based on the standards of criminal procedure certification in foreign countries and civil procedure.There are two main methods to calculate the amount of illegal income,namely,the theory of no deduction and the theory of deduction.Therefore,the study of the identification of illegal income of bribery is conducive to the further improvement of the criminal law system and better guidance of judicial practice.We should define the connotation and extension of illegal income,clarify the scope of illegal income and avoid property mixing.The standard of identifying illegal income can be based on the standard of superior evidence.The calculation of illegal income is based on deduction theory and the rules are constantly improved.In the process of collecting illegal income,we should protect the legitimate rights and interests of the interested parties and protect the right of participation and relief of the interested parties.In the early investigation,we should pay attention to the legitimacy of evidence and formulate a series of supporting measures to ensure the identification of illegal income of bribery and the legal,fair and reasonable recovery.