Research On The Confiscation Procedure Of Illegal Income In The Criminal Procedure Law

In combination with Anti-Corruption Convention, to meet with the need of judicial practice in our country, on the basis of other countries’ and regions’ legislative provisions, the new "criminal procedural law" added the procedure-the Verification of the Confiscation Procedure of Illegal Income. According to the new criminal procedural law article280, for a bribe crime, terrorism and other major crimes, if the criminal suspect or the defendant escape, list as wanted a year later, criminal suspects or defendants are dead, in accordance with the provisions of the criminal law the illegal income or other property should be recovered, the people’s procurator ate may submit an application to the people’s court for the confiscation of Illegal income, and set the specific proceedings. There’re some controversies when the issues are formulated and applied, the author tries to analysis of the program, in order to have a further and a deeper understanding.This paper is divided into four parts. Part one introduced the background, character and value of the confiscation procedure of illegal income, to get a more in-depth understanding of the basic situation of the system. Part two analyzed the theory meaning of the system, from the Angle of the necessity and legitimacy. Thirdly, by comparative law perspective, investigate various systems, summarize advanced experience of other countries, and provide a reference text for part four. Finally, this article focuses on the possible problems of the systems and gives some advice.