Research On The Confiscation Procedure Of Illegal Income

Confiscation Procedure of Illegal Income,as a new content of the new CriminalProcedure Law has very important significance. It’s set up to solve the problem how toconfiscate their illegal income when the suspects or defendants hide or die.This paperdiscusses the necessity to set up the program on three aspects. In the beginning of theestablishment of the program,how to define the property of the program attractedacademic debate. This paper analyzes the differences on the problem between the civillaw system and the common law system,and on this basis,combining with China’sreality,I believe that it is more appropriate to define the Confiscation Procedure ofIllegal Income as the criminal procedure. Of course,the program has manycharacteristics compared with ordinary criminal proceedings.Don’t know othercountries’law,domestic law is also unknown.This paper has carried on the comparativestudy on the related system of the U.S., UK and Singapore.Although there are manydifferences in the legal system among the three countries,there is much that we canlearn from them.No legal system is established perfectly at first.As a new system,itneeds improvement in some aspects,such as the scope is too small,the qualification ofstakeholders should be reviewed,evidence exchange between procurator andstakeholder,the protection of the rights of the parties and so on. In order to carry out thecode of Criminal Procedure which says"respect and safeguard human rights ",theprotection on the rights of the parties should be strengthened.Each legal regime isestablished to solve practical problems. applied in practice,to solve practicalproblems.Confiscation Procedure of Illegal Income,as a new system, there are someproblems that we need to pay attention to in its application.The first is the standard ofproof to master,based on the special nature of the Confiscation Procedure of IllegalIncome,it’s not necessary to establish the standard proof to the extent that"beyondreasonable doubt"in criminal proceedings,the"preponderance of the evidence"standardapplied to civil proceedings can be used.Secondly the qualification of the stakeholdershould be substantively examined by the court to prevent the irrelevant personparticipate in the proceedings.Third,we must strengthen the proposed confiscation ofproperty preservation measures taken for different types of property different securitymeasures to prevent unnecessary loss of property.Finally,pay attention to theimplementation of the confiscation decision on who transferred to the illegal proceedsof crime abroad through international judicial assistance to perform,if the illegal gains made by a third person,the difference between the different circumstances take adifferent implementation measures.Illegal income confiscated program as a newsystem,the lack of judicial practice in China,in the application process will encounter anew problem, which we need to continue to be improved to better applied in practice.