The Illegal Income Confiscated Research Program

With the continuous development of economy, the crime of corruption and bribery has showed a development trend of internationalization, which is organized and regional. It has become one of the goals of the national anti-corruption to recover flight capital of corruption and bribery. In order to punish and crack down on corruption and bribery in our country, the illegal income confiscated procedure was added in the process of criminal procedure law modified in 2012, which provides the possibility to recover flight capital of corruption and bribery. As a kind of new procedure, it still has many aspects to be improved. Compared with the illegal income confiscated procedure of major foreign countries ruled by law, the new procedure is analyzed and researched by this article from the perspective of corruption and bribery crimes. At the same time, this article combines with the international obligations of contracting parties which was stipulated in United Nations Convention against Corruption. The problems in the illegal income confiscated procedure are analyzed and suggestions about improving are put forward in the passage, which makes it more perfect and plays an important role in fighting against and preventing corruption and bribery crimes.Apart from the introduction and conclusion, this article consists of four parts.Part one: Theoretical AnalysisThe illegal income confiscated procedure has deep theoretical basis. In this part, the conceptions of corruption and bribery crime, illegal gains and confiscation are analyzed and a profound description of the value basis of the confiscated illegal are given to make a dissection about the illegal income confiscated procedure, which will lay the foundation of the comparison with the illegal income confiscated procedure in major foreign countries ruled by law.Part two: The illegal income confiscated procedure of major foreign countries ruled by law.As a special procedure, the illegal income confiscated procedure, which was added in our country’s new criminal litigation law, has many things to be improved. As a result, it is important to research and analyze the illegal income confiscated procedure of major foreign countries ruled by law, including America, England, Germany and Italy. By analyzing the commonalities and differences between the four major foreign countries ruled by law, our country can learn the useful experience to perfect the confiscation of illegal income.Part three: To analyze the shortage of the illegal income confiscated procedure.As a kind of new things, the illegal income confiscated procedure has many drawbacks. This part mainly analyzes its shortages from the legislation: provisions are too general and operability is not strong; it lacks of the protection of the bona fides third party and the interested party;after the confiscation of illegal income,it was dealt with in the same way and lacked of diversity.Part four: To perfect the concrete measures of our country’s illegal income confiscated procedure.By comparative analysis of the illegal income confiscated procedure in major foreign countries ruled by law and combining the situation of our country, the illegal income confiscated procedure should be improved from the following aspects: to definite the range of illegal gains; to stipulate the burden and standard of proof; to clear the starting conditions for the illegal income confiscated procedure and refine the trial procedure; to protect the legitimate rights and interests of a third party; to improve the executable program and strengthen implementation effect and supervision; to realize the fairness of procedure; to establish a special assets management institution which confiscated illegal gains and strengthen the international judicial assistance.