The Research On Confiscate Program Of Illegal Income

Illegal incomes confiscated program makes up for the loopholes that exist in the previous criminal lawsuit system in China, even the criminal suspect or defendant in the case of a sinner abscond or commit suicide, confiscating illegal income and other property involved will be based on the law, Case processing can still continue. This procedure is indispensable for preventing and cracking down on crimes,improving the efficiency of lawsuit,ensuring justice,recovering public or private property losses.At the same time,Due to the confiscation of the program is the introduction of a new system in legislation in our country, no precedent to follow, the practical experience is inadequate.Therefore,the application of case scope,prosecutors proof requirements, the definition of the property involved in the illegal income and how to properly handle, All of these problems will be difficult in the process of public security and judicial organs in the judicial practice.This paper based on the detailed elaboration to the legislative background and concrete content, then summarizing prominent features of the program and the pursuit of litigation value,puting forward the following countermeasures about how to solve the difficult parts for perfect:First of all, explain clearly the program only through legislation applicable case scope in corruption and bribery, terrorism crime, organized crime, drug crimes, such as money laundering crime.to accumulation of practical experience in the future, realistic conditions allow, moderately expand to other criminal types.Second,reduce the requirements on the certification of the procuratorial organs for criminal facts, only to prove the existence of the criminal facts from the program.At the same time, the procuratorial organs proof standard of "beyond a reasonable doubt" standard adjustment for the advantage of "evidence",to relieve the burden of proof of procuratorial organs.Finally,standardized mechanism for handling property.In dealing with the issue of domestic property, should additional property insurance agencies, before the courts of the illegal proceeds and other people involved property for proper disposal.In dealing with issues outside the property, should establish asset-sharing system, the signing of asset-sharing agreements with other countries, in order to carry out activities outside the stolen goods.