Study On The Illegal Income Confiscated Procedure

In our criminal justice practice when the suspects or defendants of the briberyand corruption, terrorism or the other major crime is escaped or death, its illegalgains cannot be recovered. In order to solve the problem a special procedure called“The Illegal Income Confiscated Procedure” is added in the new revision ofChina’s "Criminal Procedure Law.In this paper, introduce of the basic theory of the illegal income confiscatedprocedure will be the first,including the concept and the features. Then, introduce thelegal basis of this procedure, including the concept about “no profit from the fault”,respect for the protection of the human rights, the procedural justice and theprocedural efficiency. Then through the method of the comparative law on foreignlegal which existing criminal confiscation mode, civil forfeiture mode and separatelegislation pattern and the typical countries were studied, and then put forward thevaluable experience and lessons that our country can learn from the legislation andpractice in these countries. Then this paper analysis the state quo of China’s illegalincome confiscated procedure, analysis the background of the set up of the procedureto discuss the necessity of the establishment, on the basis of the the existing relatedto the illegal income confiscated the procedure legal norms in detail of the comb onthe card property forfeiture procedures in our country the illegal income, namely theillegal income confiscated procedure of our country is a special procedure in thecriminal procedure. From now on,China’s illegal income confiscated has been setup for a long time but have not yet have a successful case, which is inconsistentwith the urgent need for the application of the program of the current backgroundand the establishment of its original intention, investigate its reason, the reason is thatthe Chinese illegal income confiscated procedure has many problems in the scope ofapplication, which restrict the application of this procedure in practice. On the basisof the analysis, combined with the experience of foreign countries for theprogram, the author puts forward some suggestions to improve our country’s illegal income confiscated program, so as to benefit the perfection of our country’s illegalincome confiscated procedure.