Research On The Verification Of The Confiscation Procedure Of Illegal Income

In recent years, the situation that criminal suspects or defendants in corruptionand terrorism crime cases escaped or died is trending up. And for such cases, in thejudicial system of before, in these cases of the criminal suspects or defendantsescaping or dying, the criminal procedure has been interrupted or stopped, and thusillegal income in these cases also cannot be forfeited. So the money transferred tooverseas cannot be recovered, and the illegal income belonging to the victim’s willnever come back, which will cause a significant damage to property for the state andsociety.To crack down on hold a flight, as well as for international cooperation of themultinational recover stolen money or goods, our country also needs to establish anillegal income confiscated program system accord with the United Nationsconvention against corruption which cooperate with other countries on theinternational recover stolen money or goods.According to the realistic need recoverstolen money or goods, and to perfect our criminal litigation system for the purpose,in2012, in China’s new criminal procedure law revision, as a special procedure ofcriminal procedure law, the illegal gains confiscated program system builds up.Illegal income confiscated process after the establishment of the system, the crimesuspect or defendant escape or death, for major crimes such as embezzlement crime,and terrorist crime cases, it can be to confiscate the illegal income, maintaining socialjustice. But, as a new litigation system, on the content of the system is more rough,and the cognizance of the illegal income, rules of evidence, and the basic measures onissues such as security rights in the procedure is still not perfect, need to furtherimprove in theory and in practice.This article will start from the illegal income confiscated program of thinking onthe theory of rights, using the method of comparative study and empirical analysis,through to the outside related system and the research of our country system of theillegal income, according to the nature of the illegal income confiscated program,legal value and compared with the other application systems and other basic theory problems, mainly around the illegal income program of the illegal incomedetermination problem, the applicable rules of evidence, setting up specific measuresin security rights, and find out what is wrong is yet to be perfected, and put forwardsome perfecting Suggestions.Based on the investigation to the extraterritorial related system, this paper,mainly discusses the basic characteristics of the illegal income, application value, andcompares the absentia system and the establishment of the illegal income program inour country and has the basic content, put forward the problem to be solved in thispaper. Secondly, in view of the questions, one by one, are analyzed and studied.About the cognizance of the illegal income, and points out the legislative defectsexisting in our country, and in view of the illegal income, contraband, and for thecrime I decided on the property, put forward its own views. Evidence rules of theillegal income confiscated from the object of proof, burden of proof and standard ofproof, discusses three aspects, in view of the evidence rules and points out that remainto be solved in perfect problem. Questions about rights safeguard measures in theprogram, from each of the basic process as the breakthrough point, discusses eachbasic procedural rights safeguard measures, points out that the procedure of the illegalincome of our country’s legislative defects of procedural security rights measures, andthe illegal income program in basic one by one, are discussed in this paper. Finally,the paper Put forward some perfect suggestions to the illegal income confiscatedprocedure in the basis of problems existing in the application of the above.