On Confiscation Of Illegal Income To Improve The Program

The2012Code of Criminal Procedure establishes the illegal income confiscated program. Illegalincome confiscated program is use to deal specifically with illegal income, and not concerns about thecriminal liability. It is conducive to the disposition of the property involved in the case which the suspect orthe defendant go into hiding, or in the case of death; it helps improve our criminal legislation system,provide powerful weapon to combat the crime of corruption, terrorist activities; it is also conducive to therealization of our law and international treaties confiscate the illegal income convergence, to facilitateinternational cooperation.However, as a new phenomenon in China’s Criminal Procedure, the illegal income confiscated onlybased on the principle legislation in the form of law, the provisions are very abstract overview. Therefore,the system study of illegal income confiscated program to explore the deficiencies of the existing law, andproposed to further improve the proposal will have a larger significance.This article consists of five parts:The first part analyzes the historical background of illegal income confiscated program, explains twoperspectives situation from a background of domestic legislation and international legislation; second partof the analysis of the necessity of illegal income confiscated program established, mainly from the illegalincome confiscated procedure is beneficial to improve domestic criminal legislation system, to combat withcorruption, terrorist crimes and to strengthen international judicial collaboration; third part analyzes thelegislative status of illegal income confiscated program, includes the characteristics、 the nature of judicialpractice and Inadequacies; fourth as the focus of the article discusses the advice for the issues, includingperfecting the illegal income confiscated program should uphold the principles of procedural justice、property rights protection principles and the principle of proportionality, as well as specific suggestions toimprove the program, includes the scope of the case、the burden of proof and standard of proof、 reliefmeasures and involved property preservation measures; the final part makes a generalization for full-textcontent.