The Resecrch Of Related Issues On Confiscate Program Of Illegal Income

Confiscation abscond, death suspects accused of illegal gains Procedure, in the fifth chapter -Special procedures - in the Code of Criminal Procedure revised in 2012, solves the issue that in corruption and terrorist crimes or other major criminal cases, the perpetrator is default and their illegal earnings cannot be confliscated because the normal judicial process suspends. This procedure differs from the proceedings against people and against the suspects involved in the property, is a kind of litigation on "objects". It can maximize the effect of anti-corruption and punishing terrorists under the premise of criminal suspects. It is an important step towards the realization of social justice. The paper aims to carry out the procedure by connotation, features, legal nature and operation mode and other content, found the problems, analyze the causes and try to make recommendations to improve the procedure.This paper is divided into four parts:The first part is simple narrative statement of the illegal income confiscated peocedure -the main elaborates the concept of the procedure, the nature, characteristics, and functions of the program. The second part establishes the theoretical basis of illegal income confiscation, the main concepts of due process, the principle of proportionality, the principle of effective defense and the principle of the right to relief, The procedure has to punish crime and protect the human rights in double meanings. The third part analyzes the problems of illegal income confiscation procedure may face in judicial practice, and analyzes the causes of these problems. The last part is the focus of the article, for the problems from the program scope, the burden of proving four standards, management practices and procedures involved in property rights protection, such as the defendant’s action gives the perfect recommendations.