The Study Of China’s Criminal Special Confiscation Procedure

The new five special programming of "criminal procedural law"—"confiscate the lam, death, the criminal suspect or defendant illegal income program" is a kind of different from the one trial procedure, are the property to the property involved in the criminal special confiscation procedure, used to deal with corrupt officials, and suicide on the lam, recovered the carry and conceal the illegal income property. Criminal special confiscation procedure is a complete new things for our country, but it is not uncommon in the legislation of criminal action in foreign countries. Foreign history exists special independent of the criminal suspect or defendant criminal responsibility directly to separate confiscation of the property involved in the program, and achieved good social effect, the consideration to solve social appear constantly corrupt type crime, terrorism cases of criminal suspects crime after death, the phenomenon of flight, also added in the criminal procedure law "criminal special confiscation procedure".Criminal special confiscation procedure has its progressive, it fill the legal gaps, absent to make up for our country criminal trial system lack of shortage, it is the indispensable legal anti-corruption and combat terrorist tools.But the regulation of principle is stronger, specific operational system is not yet perfect, so from the aspect of theory and practice to study has become one of the concern of legal person.This paper aims to expound the criminal special confiscation of litigation rights and obligations in the program to clear its basic theory, clear the necessity of the program by understanding the confiscation of system operating mode abroad, through the comparison, analyzes the problems existing in the legislation of our country judicial, intent on defects in criminal proceedings special confiscation system, proof standard, put forward to build perfect safeguard mechanism.This paper is divided into five parts:The first part:the basic theory of criminal special confiscation.This part discusses the concept and characteristics of criminal special confiscation. Confiscation of criminal procedure in first has carried on the introduction of "criminal law" regulation, and analyze the evolution of Chinese and foreign criminal forfeiture program development is introduced, and then define the meaning of criminal forfeiture program.In meaning is defined at the same time, compared to other programs the commonness and difference between at home and abroad, further concluded that the characteristics of criminal special confiscation procedure, namely:the particularity of confiscated range;The particularity of confiscated object.The second part: the necessity of criminal special confiscation.This part analyses the value and realistic necessity criminal special confiscation procedure, establishing criminal special confiscation procedure is necessary.It is our country shall be investigated for criminal responsibility according to a new type of disposal procedure, also is to protect the interests of the victim and the embodiment of national property, supplemental system of program content is more embodies the scientific legislative requirements, all of these laid a solid foundation for the establishment of the criminal special confiscation procedure.The third part:the criminal special confiscation of outside investigation of the program.This part respectively in Britain and the United States criminal special confiscation procedure was investigated and analyzed their institutional basis as well as the existing special confiscation of program specific provisions, such as the main body, scope, object, participants and the specific rights and responsibilities, and so on.By investigating more generality and particularity to draw conclusions:should be particularly confiscated to criminal procedure principle to absorb and draw lessons from, adjust measures to local conditions of ensuring the judicial efficiency and related important rights and interests of the people.The fourth part:the present situation and the defects of our country’s criminal special confiscation procedure.Through to our country criminal special confiscation procedure, the specific content of the criminal special confiscation procedure in our country is analyzed, pointed out our country criminal special confiscation of procedure of the defects and problems.The fifth part:the perfection of criminal special confiscation procedure in our country.This part firstly introduces the principle of special confiscation of program, the specific requirements of the principle of special confiscation procedure is, in the confiscation of program activities will autonomy, the appropriate punishment, in confiscating program to reach the efficiency and justice can only use the legal punishment method, it fully safeguard the human rights, at the same time is conducive to the realization of criminal justice.This part also introduced respectively, in the principle of special confiscation procedure in China is explored under the guidance of how to perfect the legislation and some specific behavior should be how to do, such as before and after the trial run, points out that our country should be in suitable for China’s national conditions under the premise of reasonable use.