Research On The Procedure Of Retrieving The Illegal Possession In The Law Of Criminal Procedure

The current Code of Criminal Procedure prescribes for this special procedure in the case of the death of the suspect, the defendant, escape and hides their ill-gotten gains to be confiscated. This article at the beginning of an historical order, reviewed the relevant provisions in China involved in the confiscation of property, easy to find out, the provisions in our country are too numerous without prominent ideas, which cannot play a good role of registration. In contrast, confiscation of special procedures, in particular, can demonstrate their advantages.Although the proposition of illegal confiscated income is only mentioned in four provisions, but one can dig out the plasticity of the procedure’s value, to participate in the value and physical value. The so-called plasticity value indicates a reflection of fairness and justice via update of laws, and judicial review. Participation value mainly refers to the parties of the legal procedures to participate in the so-called procedure participation requirements and procedures stake in the outcome or the results may be adversely affected by are entitled to be involved in the procedure and proposed conducive to their own ideas and evidence to refute each other’s claims and evidence of opportunity. For entity value, it refers mainly that confiscation procedure to combat crime in real life, the recovery of illegal income, so that criminals can’t obtain property from criminal behavior.Before our legislations clear up this procedure, the rest of the world had a mature legislative experience. The main common law the binary state legislative mode. The mode divides the procedure into the criminal forfeiture and the in rem proceedings. The civil law is based on the judgment and punishment at the same time to make, divided into subjective proceedings and objective of the proceedings. Summary of the two legal systems confiscation procedures, highlighting that sacrifice the cost of the program for the improvement of the effectiveness of the proceedings, the pursuit of substantive justice. Of course, in provisions of our country there are many imperfections in the return process. The process of verification and physical relief program embrace defects and needs improvement. Proposing these provisions is expected to be more careful, rigorous, safeguard social fairness and justice, the fight against crime.