A Study Of Illegal Income In Criminal Law

The illegal income is an important concept in the Criminal Law of China, and its function in Criminal Law can be divided into many types. Illegal income in the conviction and sentencing, restitution and other aspects of Criminal Law plays an important role, so it is necessary to establish a unified concept and recognized standards of the illegal income. When researching the concept of illegal income, it should be noted the integrity of the criminal law system, it can not be limited to proceeds of crime or not include the general illegal income of proceeds of crime, while it should be considered that the illegal income exists in the crime, but also in the general illegal behavior which does not constitute a crime. Identification of the illegal income is necessary to establish a general rule, but also with the help of the allegations and defenses of the procedure allow law enforcement agencies to prove the number of illegal income, but also allow perpetrator to present evidence to defend according to allegations, and then ruled by a neutral authority after hearing the views of both sides in order to make the number of illegal more closely to the truth. It just stipulates the elements of the illegal income from the entity, then use the interpretation of syllogism to determine the number of illegal income, the more serious problem is that it is difficult to summarize the elements of illegal income due to the various variables in the reality. Therefore it is a more feasible approach with the opposing evidence of the prosecution and defense.This thesis synthesizes several aspects' content, firstly describes the history and status of the illegal income, analyzes the definition of illegal income, and then analyzes the criminal law sense of illegal income from the angles of criminal law' norm, discusses identified problem of illegal income on the basis above, finally puts forward the legislative suggestion. It should say that the research of illegal income isn't the hot spot of academic research, while many researches are researches of single crime which discuss the problem of illegal income by the way, and the academic achievements are less on the researching the illegal income systematically, it doesn't match with the status of illegal income in the Criminal Law. The thesis starts with the Criminal law's sense of illegal income, investigates the legislative intention and characteristics of illegal income, and importantly solves the identified problem of illegal income. The identified problem of illegal income is the unreached problem of the current research of illegal income, while it is the heart of the problem of illegal income.