Not Been Convicted Of The Illegal Income Confiscated Program Analysis

This article is divided into five parts :The first chapter, "Summaries", mainly deals with the significance of the issues and explores the meaning of what is the confiscation of illegal procedure of unconvicted people. For research on This subject is to combat corruption, crime and other economic crimes, and connect the national convention ,in order to strengthen international cooperation in getting back the property ,protect state property and regulate confiscation by the government. Confiscation of illegal procedure of unconvicted people means, in corruption crime and other major economic crimes, in condition that criminal suspects or defendants fleed away or dead, his/her unlawful proceeds shall be deprived and confiscated.The second chapter," The Models for Confiscation of the illegal procedure of unconvicted people ".we reviewed the British and American domestic criminal forfeiture and civil forfeiture. systems Civil forfeiture achieved the separation in dealing with people and goods , making illegal income confiscation keep away from judicial jurisdiction and trials, while criminal forfeiture is different form criminal procedure in prcedures and proof regulations. In fact, in the condition that the defendents is fleeingaway, missing or died, the prerequisite of criminal forfeiture is trial in absentia system , therefore , in countries which don't establish the criminal trial in absentia system ,criminal forfeiture system is unattainable .Under such circumstances , the civil forfeiture system particularly suited handling defendents who are fleeing away, missing ,or died. The third chapter is" The Objects of Confiscation and Preservation Measures," The first part reviwed the scop of unlawful income in The"UN Convention Against Corruption"and The Btitish 2002"The Proceeds of crime " The objects fit for confiscate can be summed up in three categories, namely the replacmentsof the income, proceeds and proceeds with interest.The second part analysed the preservation measures for confisication and its reasonable basis.the later mainly refers to of search, seizure or freez relevant properties its purpose is to ensure the successful seizure, fix objects that can be confiscated.The fourth chapter, " The Confiscation System in the Present Criminal Law " first reaearched confiscation in chinese criminal law and criminal procedure law .as well as how to handle relevant property If suspects or defendants escaped or died ,Ipointing out current problems in our country. The second part of analised the the searching, seizing system for the goods and its shortcomes.The fifth chapter is "building and improving the procedures confiscation of illegal incomes of unconvicted people," the first part point out that eatablish this programe should be regulated and restrined by three principles,due process ,proportionality and rightremedy principles.The second part put forward three aspects in building the system,that is the conflict between state power and property rights protection, the victim property returned system and obtained for good faith system..