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

In recent years, there are more and more corrupt officials fleeing from our country or taking suicide to avoid their punishments and terrorist activities are also becoming rampant. In order to make up for the inadequacy of our country’s law, better perform the obligations of United Nations Convention against Corruption, dealing with corruption and bribery cases, terrorist activities, our country set up a special forfeiture procedure to confiscate the illegal property of criminal suspect and the defendant who is at large or die in the new criminal procedure law.This paper is divided into three parts:the first part is an overview of special forfeiture procedure of illegal property. The author introduces the concept, nature, the significance of this procedure and the principles this procedure need to follow. After analyses, I identified this procedure as a criminal procedure. I summarize some principles to make this procedure better; the principles of this procedure are as follows:(1) not one can benefit from crime; (2) anyone shall not be regarded as a crime without trial, (3) economic principle and (4) proportion principle.In the second part, the author compares the special forfeiture procedure with other similar procedure, such as incidental civil action, criminal trial by default, security measures, confiscation of property and civil forfeiture, try to understand the advantages and disadvantages of these procedures, guide us to deal with the problem of confiscate the illegal property without conviction. At last introduce the practices of other countries how to deal with the illegal property of criminal suspects and the defendants which are on the run or dead.In third part there are some problems need to deal with:problem 1:the scope of this procedure is not very clear; problem 2:we don’t know how much illegal property should be confiscate by this procedure; problem 3:this procedure may aggravate the burden of intermediate prople’s court; problem 4:this procedure can not deal with all the illegal property; problem 5:In some specific cases, the illegal property should return to the victim first.; problem 6:the international criminal judicial cooperation is not enough; problem 7: reasonable interpretation "Provisions on procedures for handling criminal cases by public security organs" article 328; problem 8:protection of the interested party is not enough; problem 9:protection of the property owner is not enough; problem 10:in specific cases, how to identify the illegal property; problem 11:we should not set up specialized agencies to manage the illegal property.