Applicable Dilemma, Causes And Countermeasures Of Confiscation Of Illegal Income

In 2012, under the circumstances that China has joined the international anti-corruption and anti-terrorism convention, and in order to severely crack down on corruption crimes and terrorist crimes, the fifth meeting of the 11 th National People’s Congress passed the “Decision on modifying the criminal procedure law of the People’s Republic of China ", which established the forfeiture proceeding of illegal proceeds. This decision is meaningful in many ways. It not only improves the existing criminal forfeiture system, which provides advantages to combat the increasingly serious corruption and terrorism crime, but also responds to the demand of anti-corruption and anti-terrorism convention of the United Nations, offering more opportunities for China to seek international judicial assistance. Nevertheless, according to the investigation, since the official implementation of the program from January 1, 2013, it has not been effectively implemented nationwide. One reason is that there is little applicable cases. Some prominent problems have been exposed. This article will summarize some practical predicament of the forfeiture proceeding of illegal proceeds in China, based on which the cause of the predicament will be analyzed and some countermeasures and suggestions will be put forward.Analysis of the present legislation and theoretical research of forfeiture proceeding of illegal proceeds is the premise to figure out how it works in China. The analysis shows that current law about forfeiture proceeding of illegal proceeds is not detailed bu too principal. It results into a lot of controversy on how to implement the law in practice, which becomes the main reasons why the operation of forfeiture proceeding is not ideal in China. Besides, analyzing the current research of forfeiture proceeding of illegal proceeds is the theoretical foundation of establishing the proceeding and work out the operation difficulties.This paper argues that the particular predicament of the forfeiture proceeding of illegal proceeds is mainly caused by the four aspects: the system is not definite; the legislation is incomplete; procedural rules are not concrete; corresponding security measures are insufficient. Solutions are to explicit the system, perfect the legislation, improve procedural rules and strengthen corresponding security measures. One system is set up and operated gradually. It can not be achieved overnight. The author hope to do a little contribution to solve the predicament of forfeiture proceeding of illegal proceeds in China by summarizing current relevant research.