On The Problems Of Administrative Illegal Income

Illegal income refers to the behavior person obtain the property(including monetary and in-kind income) through illegal means, and other property should be considered as illegal gains in accordance with the law. In actual law enforcement, confiscate the illegal income has become one of highly used administrative punishments. But in the actual operation,there’s no unified application of the standards of how to define the illegal income,which led directly to the illegal income determination and quantitative presents very mixed, strange situation. Even the same administrative law enforcement system of illegal income is also not the same. Thus, the writer wants to administrative illegal income as the theme, analysis the formation of the main reasons for these problems, studies the feasibility method of addressing these issues. Besides the foreword and epilogue, the full text divides into four chapters, as follows:The first chapter elaborates the basic theory of illegal income:First analysis the concept and forms,espacially the " should be punished "of illegal income, so that readers could have a preliminary understanding of the illegal income; Then, through the concept of property rights and safeguard of citizen’s legal property rights to signify the penalty and security boundaries.The second chapter is talking about how to define the essential conditions and the process conditions of the illegal income:First talking about the definition of illegal income shall be in conformity with what kind of the essence conditions; Secondly, use the administrative procedure theory as the basis, to discuss the definition of the illegal income should follow what kind of reasonable procedure.The third chapter presenting unique insights of how to computing illegal income scientificly, pointed out the doubts and difficulties in actual operation, gives the constructive solutions to problems and perfect the proposal of the system.In the fourth chapter, deeply analysises the problems of the illegal income mechanism in China’s current administrative system, finding the crux of the problem, and the feasibility ways of the exploration on perfecting and improving the mechanism. The full text combines the theory with the practice, discussing the theory and practice of administrative illegal income on how to improve the existing system recommendations, so as to perfect the legal system.