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Study On The Illegal Gains Forfeiture Proceeding In New Criminal Procedure Law

Posted on:2014-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:T YangFull Text:PDF
GTID:2256330401488031Subject:Law
Abstract/Summary:PDF Full Text Request
Illegal income confiscated program for terrorism crime, serious crimes suchas embezzlement and bribery crime, the criminal suspect or defendant absconding andwanted a year later still cannot present himself, or the criminal suspect or defendant inaccordance with the provisions of the criminal law shall be recovered from the deathof the property involved in the illegal income and other, the people’s procuratorate topeople court to apply for, confiscate the illegal income by the people’s court ruling inthe case of confiscated property procedures.In the process of constructing socialist harmonious society in China, manydisharmonious factors, which is particularly of concern is corruption crime andterrorism, but due to the relevant legal procedures exist loopholes allow escapecriminal investigation after the suspect escape or death, caused a series of negativeeffects, in order to solve such problem, namely through the amendment form newfifth special procedure will be the illegal income confiscated programming writingnew criminal procedure law. The illegal income confiscated program of theestablishment of positive meaning has two aspects: domestic, punish criminals, reliefthe victim rights, perfect the criminal procedure and maintaining social stability andnational legal authority; For the promotion of international, domestic law andinternational law standards, strengthen the international judicial cooperation.Although the program of the establishment of illegal income is of great significance,but with the international developed countries confiscation system still has some gaps.Based on the connotation of the illegal income confiscated procedure in China andlack of confiscation system after comparing several developed countries, gain someenlightenment to improve the relevant system in China, and puts forward somefeasible Suggestions.This article is divided into four parts, the first part introduces the illegal incomeconfiscated the concept, characteristics and significance of program; The second partin detail elaborated the new criminal procedure law of the illegal income confiscatedthe content of the program and enumerates its exist some disadvantages and may leadto negative effects; The third part of the illegal proceeds confiscated some capitalist countries system analyses described and compared with the system in our country, inorder to get more revelation; The fourth part puts forward for the illegal incomeconfiscated program some deficiencies of some improvement Suggestions.
Keywords/Search Tags:Independence, Property forfeiture proceedings, Applicable to cases, Revenue sharing
PDF Full Text Request
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