The Research On Confiscate The Illegal Proceeds Of The Special Procedures

The Research on Confiscate the illegal precedes of the special procedures Means in the case of Criminal suspects and defendants death, escape and hide, Apply to the court by the People’s Procuratorate, In accordance with legal procedures, Confiscate the illegal income and other property involvedThe special procedure of confiscation of illegal gains from suspects, the defendant who escaped or died is added in this Amendment. This procedure makes up for the loopholes and the insufficiency of the law about the property of the suspects, defendants who died or escaped, which is a beneficial exploration and practice of the current law system in China, preventing offenders benefiting from their illegal act; meanwhile it provides the basis for the judicial department in our country to obtain assistance from other countries. What’s more, this paves the way for the confiscation, demonstrating the determination of the crack-down on corruption and crimes as well as the realization of social justice in a way. With the procedure roughly designed and some principles too abstract, it is far from the principles of the criminal procedure law. Further exploration and improvement of the related theories and practice is needed.Due to some loopholes in law, there arises some problems, such as the wrong applicable conditions, sphere of application, the object of confiscation and some relief measures in the special procedure of confiscation, particularly the rules of prove, which needs to be clarified. This causes challenge to the procedural justice. Compared with the criminal prosecution in foreign countries of the confiscation of illegal property, in the mode of civil forfeiture criminal forfeiture in Anglo-American legal system, we can learn a lot from the start, the sphere of application, the confiscation of objects and the rules of testification of the procedure. Therefore, we need to strengthen the protection of suspects and defendants in the special procedure of confiscating the illegal gains. On the details of the design of the procedure, the special procedure and its conditions of application should be regulated; the sphere of application of the special procedure of confiscating the illegal gains should be properly enlarged; and the objects of confiscation and the rules of testification needs to be specified and clarified. All this can contribute to the improvement and proper use of the special procedure of confiscating the illegal gains.