Study On The Deprivation Of Illegal Income By Accepting Bribes

In our country,bribery crime is the most important type of corruption crime.In order to curb the crime of accepting bribes,while China constantly adjusts the penalty standards for bribery crimes,the deprivation of illegal proceeds of bribery crimes is also increasing.It has established procedures for confiscation of illegal gains and trial procedures in absentia,highlighting the illegal gains of deprivation of bribery in the struggle for corruption.However,as a legal system,deprivation of the illegal income of accepting bribes still faces many problems that need to be studied and solved in theory,in legislation and in practice.In substantive law,the definition of illegal income of bribery is still unclear,the nature of deprivation is not clear,the relationship between deprivation measures is not clarified,the scope of bribery is narrow,the subject connotation of bribery is unclear,and the role of deprivation of illegal income in sentencing needs to be regulated,which affects the function of the deprivation system,leading to a large "black number" in bribery crimes.In the procedural law,the connection between the monitoring procedure and the criminal procedure is too rough.The general procedures for the prior procedure are missing,the responsibility for investigation and control is unclear,the supervision and control procedures are insufficiently supervised,the investigation procedures involved are empty,and the dissident procedures for the interested parties are absent,discretionary misconduct and implementation are not in place,the system of deprivation is not perfect,the combined force of deprivation is not enough,the design of special procedures is flawed,and the actual deprivation effect is not good,which makes it possible for corrupt elements to obtain economic benefits from crime.In the practice of law enforcement,the probability of finding and depriving bribery crimes is not high,and the difficulty of international pursuit of chasing are the important reason for the phenomenon of bribery crimes.These questions all expect the legal theory to systematically study the system of deprivation of bribery.Effectively and fully depriving the criminals of the illegal income and the economic conditions for the perpetrators to commit crimes is the fundamental policy to curb corruption crimes,including bribery crimes.Its important role is increasingly recognized by the theoretical and practical circles.Deprivation of illegal gains is beneficial to curbing the motives of bribery of public officials,increasing the cost of bribery crimes,making up for the inadequacy of penalties in combating corruption crimes,embodying corrective justice,conforming to the justice concept of utilitarianism and common welfare,in legal philosophy,economics and criminal lawhave irrefutable legitimacy.In the history of our country,the system of deprivation of bribery has experienced a transition from confiscation to gradual independence.The nature,object,scope,function and effect of deprivation have also undergone continuous evolution from "people" to "things" process.In the process of fully implementing the lenient and strict criminal policy and insisting on no-forbidden zone,full coverage,zero tolerance,persistence of heavy containment,strong high pressure,long shock,insisting on investigation together and other special anti-corruption policies,the legislation for depriving the bribery of illegal income is constantly Perfect,judicial and law enforcement activities have become increasingly standardized,and played an active role in achieving an overwhelming victory in the fight against corruption.Many foreign countries,regions and international organizations have established various systems for depriving them of the proceeds of bribery,providing reference and enlightenment for China to further improve the illegal income system of accepting bribes.In the view of this article,deprivation of illegal income from bribery crime belongs to the security punishment of property in law.It is the summation of measures to forcibly seize or cancel all property and income obtained from bribery with criminal illegality,including confiscation,recovery and ordering to return compensation.This orientation should run through the design of deprivation system.Focusing on the legal nature of the illegal income of the crime of deprivation of bribery,we can improve the practical problems from the three dimensions of substantive law,procedural law and law enforcement judicature,drawing on the positive factors in foreign related systems.In substantive law,this paper proposes to establish the principle of deprivation of illegal income,improve the scope of deprivation of illegal income and define the deprivation measures to illegal income,and improve the scope of illegal gains from bribery.From the procedural law,this paper proposes to improve the deprivation mechanism of illegal income of bribery crimes,establish the property status evaluation system before the property criminal discretion,reconstruct the execution system of deprivation of illegal income,improve the deprivation system of illegal income under the circumstances of non-conviction,and learn from the United States and the United States.In terms of law enforcement judicature,this paper proposes to scientifically identify the illegal income of accepting bribes,accurately identify mixed income,after-the-fact income,clarify the attribution of illegal income,standardize sentencing activities,and handle the problem of convergence between procedures.