The Study Of The Special Forfeiture Proceeding Of Illegal Property In China

The cases of corruption crimes and terrorist activities have become the main targets of which the criminal authorities want to punish. But criminals become cleverer for escaping punishment. For protecting the interests of the criminal groups, some criminals are hiding overseas or through the means of suicide to evade the forfeiture.China’s<Criminal procedure law> is setting a special forfeiture law, in order to solve the problem of criminals hide overseas or suicide. With the reason of immature practical experience, there are still many problems in aspects of program designing and practicing. I study the relevant case, compare the extraterritorial experience, and find out the problems of the present laws. With the analysis of the cause of the problem, I try to find solutions of them. To make the special forfeiture proceeding of illegal property can play a role in criminal proceedings.There are four chapters in this paper:Chapter I:An overview of the criminal forfeiture system. I introduce the nature of criminal forfeiture and measures. The criminal forfeiture system has an important impact on the special forfeiture proceeding of illegal property further development.Chapter II:The legislation of the special forfeiture proceeding of illegal property. I introduce the legislation of the special forfeiture proceeding of illegal property. With analyses the problem of legal nature and scope of the case and the standard of proof. In my opinion, the special forfeiture proceeding of illegal property is a special proceeding. The scope of the case should be limited. We can try to proof the cases by two kinds of standards:"In rem" and "In personam"Chapter III:An empirical study about the special forfeiture proceeding of illegal property. Mainly through three cases studies to find the problem of this special proceeding. I discuss the causes of the problem, and think about ways to solve problems.Chapter IV:The special forfeiture proceeding of illegal property improvement. Comparison of the "In personam" mode and "In rem" mode, I think China transplants "In rem" model is possible. Then I give some suggestions for improvement in the parts of evidence proofing standards and the innocent owner property protection.