The Research On The Identification Of Illegal Income In Administrative Penalty

Illegal income is an important concept in administrative penalty. Establishing a clear, normative, scientific,reasonable, fair and judicial system of illegal income has a positive influence on and is of great significance to the development of the rule of administrative law. Meanwhile, it is an appropriate endeavor to comprehensively implementing governing the country by law.However, mismatching to the important status and role of the judicial system of illegal income, there are several issues concerning the concept in administrative penalty. Firstly, the meaning of the concept itself is not clear. Secondly, there is not a determinate method to identify it. Thirdly, the exercise of it in administrative law is chaotic. Moreover, the enforcement of right to interpret it is nonstandard. These problems directly disrupt the harmony and unity of the legal system of our country. Also, it is not conducive to the protection of the legitimate rights and interests of misfeasors and other interested persons, and will lead to unfair enforcement and improper penalties, produce confusion and risks of law enforcement, and even induce the abuse of discretion in administrative and corruption.Therefore, an in-depth study on the issue of the identification of illegal income in administrative penalty is of profound theoretical and practical significance. On the basis of the existing research, this paper uses semantic analysis, logical analysis, comparative analysis and other research methods to study on this issue.This paper considers illegal income as monetization income(cost excluded) of the misfeasor through illegal activities. It has legal characters like actio praecedens illegality, material interests, profit, exclusiveness, and diversity of forms. In order to solve the problems existing in the theory and practice of the illegal income, this paper advocates as follows. First, it ought to use the view of profits to define the legal concept of illegal income. Second, it should be from the following two aspects to improve the exercise of illegal income in administrative law: one is standardizing the system of confiscation of it; the other is not setting fine on the base of it. Third, it should improve the adjustment between confiscation of illegal income and tax system, product recall and return system. Last, the right to interpret it should be regulated.