Our Country Without Conviction Confiscated Property Involved Institutional Research

In our country’s judicial practice, the phenomenon of running away or suicidein the case of corruption and terrorist crime often appears. In the judicial system,when the suspect can’t on trial because of death and escape, Litigation procedure can’tstart,or the litigation procedure has already started has to terminate. This leads to thesuspect can’t be prosecuted for his criminal liability，Loss of the victim can’t becompensated, the destruction of social relations can’t be recovered. In order to solvethis problem,<Criminal procedure law> set this special procedure law. Theestablishment of the special confiscation procedure, makes the system of our Criminalprocedure law perfect, makes up the leak of our law system, provides a legal basis forour judicial organ requests for judicial assistance to other countries, remove obstaclesfor our judicial organ confiscate the illegal income, shows the determination of ourgovernment hitting the corruption crime, recall the economic loss of our country at acertain extent, and when our judicial organ don’t investigate the suspect’s criminalliability, achieve the purpose of confiscating the illegal income, realize social justiceat a degree. But because the content of the law is not meticulous, so our judicial organcan’t implement well, program design is very abstract, a lot of content still existshortage, as a result the procedure still need further discussion, amendment andcomplement. This paper mainly from the following several aspects to elaborate. On the basisof related theory of special confiscation procedure, the writer try to build the roundedsystem of this procedure, which is the core of the article. The writer clear and definitethe principles that the special procedure should follow at first, then primarilydiscusses the specially construction of the special procedure, define the sphere ofapplication and Concrete programming. At last, the writer discusses the designationof remedial mechanism, in order to make the system standardization,normalizationThough preliminary analysis of the special confiscation procedure, makes thedesignation of procedure more scientist, reasonable, and the actual operational, inorder to make our system of criminal procedure law better.