Font Size: a A A

Research On The Special Confiscation Procedure Of Illegal Income In Criminal Procedure

Posted on:2016-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2296330461486431Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
the special confiscation procedure of illegal income is the extraordinary procedure set up in the new Criminal Procedure Law, such procedure breaks through the traditional ideological restrains as “emphasizing personal, neglecting property” of China’s judicial circles, and embodies the characteristics of aiming at objects rather than person, not taking conviction as the premise and focusing on protection of the rights of the interested party. This procedure is based on compulsory prosecution principle, trial upon claims theory and priority in efficiency theory, for the purpose of resolving the needs of judicial practice and international judicial assistance, and has very importance significance on fighting against serious offenses like corruption and bribery crime and terrorist activities crime etc, restoring the property loss of the country and individual, strengthening international judicial collaboration and so on.At present, China’s theoretical research results of the special confiscation procedure of illegal income are relatively less, there is still much research space. Although nationwide cases involving such procedure are extremely rare, the empirical research method of this paper still has its value, and in China’s academic circles the analysis on empirical level of the special confiscation procedure of illegal income in existing research results has not yet appeared, the research method of this paper which is combined with five nationwide cases involving the special confiscation procedure of illegal income has innovative nature.This paper is divided into five chapters to discuss the special confiscation procedure of illegal income, adopts a combination of legal therapeutics, comparative jurisprudence and empirical research, the discussion is conducted by focusing on three aspects including procedure basic theory, procedure investigation from legislative level and empirical level and procedure’s existing problem and reform approach. The analysis of procedure basic theory covers the characteristics of procedure, the realistic basis and theoretical basis; the investigation of the legislation conditions of procedure and the target of practice focuses on four procedure elements including applicable conditions, property involved in the case, interested party and rules of evidence; after the investigation of aforesaid procedure elements, problems are found and reform suggestions are proposed.This paper conducts in-depth analysis of various elements of the procedure, endeavors to clarify the venation of the procedure operation and strives to provide reference to the smooth running of the special confiscation procedure of illegal income in the juridical practice.
Keywords/Search Tags:property involved in the case, the accused, special confiscation procedure, criminal procedure law
PDF Full Text Request
Related items