On The Criminal Suspects, The Defendant To Escape, Death Cases Illegal Confiscation Procedures

In china, the number of suspects and the defendants running away or suicide in the case of corruption and terrorist crime is getting more and more. Before the Criminal Procedure Law of the People’s Republic of China coming into force, litigation procedure can’t start, and the other one has already started will be made different deals such as withdrawing cases or suspending the proceeding, because of the escape and the death. In this way, not only the criminal responsibilities of the suspects and the defendants can’t be affixed, the loss of the victims can’t be made up, but also it damages national property. So that the new Criminal Procedure Law of the People’s Republic of China stipulated the special confiscation procedure in partV chapterⅢ. There are3reasons that the confiscation procedure should be stipulated. First of all, the reason of the procedure law, it is the internal requirement to complete the criminal legal system, then from the level of substantive law, it is better for our judicial organ confiscate the illegal income, the last one, it provides a legal basis for confiscating the illegal income which were in other countries but belongs to China.The article is divided into five parts:The first chapter:The overview of Confiscation Procedures for Illegal Income in Cases Where a Criminal Suspect or Defendant Escapes or DiesThis section introduces the concept of the Confiscation Procedures, the features such as independence, the special of the case and the subjects, the universality of the confiscate objects and so on, and explains why the Confiscation Procedures should be stipulated from3different levels and the basis in international law, in the end, it analysis the advancements of the Confiscation Procedures.The second chapter:The legislative status of the Confiscation ProceduresFirstly, it reviews that how the domestic law before the year2012stipulated Confiscation Procedures for Illegal Income and the flaws, then the writer tries to interpret the new criminal procedural law from some respects, the scope and the subjects of application, the starting procedure, the authority, the nature and the certification of the Confiscation Procedures.The third chapter:Confiscation Procedures other countries This section introduces the regulations about the Confiscation Procedures in common law countries and civil law countries, after that, the writer compares them with Chinese Confiscation Procedures.The fourth chapter:The flaws of the Criminal Procedure Law of the People’s Republic of China and some suggestions for improvement.The last chapter points out that there are some flaws in the new Criminal Procedure Law of the People’s Republic of China, for example, the narrow scope of the subjects of application, the ambiguity of the burden of proof, the irrationality of proceedings and so on, and then the writer puts forwards some sound proposal.