Research On The Confiscation Procedure Of Illegal Income When Criminal Suspects Or Defendants Are Escaped Or Died

Before the confiscation procedure of illegal income was set up, the program in our country terminates when suspects or defendants escaped or died. And under the circumstances, illegal incomes and other property involved both found in China would have no chance to be deal with because of the judgment sentence’s absence. On the other hand, suspects or defendants may transfer property to other countries when escape from China. As a result, property interests of the country and citizens would be damaged, as well as public order and economic order.The confiscation procedure of illegal income was added in the resent revision of the "Criminal Procedure Law". Considering the lack of experience in legislation and judicature, lawmakers discreetly used four clauses to stipulate the confiscation procedure. Therefore, in spite of the judicial explanation introduced by Supreme People’s Court and Supreme People’s Procuratorate, the procedure can still not be regard as something practical. From the perspective of procedural law, it is of great significance to get the confiscation procedure refined and reasonable. And in the process, it is necessary to combine with the condition of our country and at the same time learn from other countries.The first part of this article is to introduce basic theories about confiscation procedure. It’s mainly about what confiscation is and which models are used around the world. To get the attribute of the confiscation procedure of illegal income when criminal suspects or defendants are escaped or died analyzed, this article is based on the studies of domestic scholars of different views, this paper has put forward its opinions and at the same time its basis.The second part is a comparative study of confiscation procedure in other countries around the world. This is a critical part of the whole research. Because of the lacking experience in legislation and judicature in China, learning from other countries is a way to save time by taking a shortcut. It’s mainly about studying the confiscation procedures of other countries all over the world, and partly choosing the reference sections that may improve the similar procedure in China to introduce.The third part is about the creation of China’s new confiscated process. In this article, we try to make it clear the scope of the confiscation procedure, standard of proof, which property this procedure is apply to, etc. Simply by study clause and judicial explanation, and compare with confiscation procedures in other countries at the same time, we try to analyze its advantages and disadvantages, and based on that analysis, to point out possible problems.The fourth part is suggestions, about how to further refine this procedure for problems and improve the system.