The Independent System Research Under The Perspective Of Comparative Law

The independence of the illegal income confiscated program in the new "criminal procedural law" is established, however, due to determine the scope of confiscation of property of fuzzy, lack of the burden of proof and the burden of proof of evidence rules, confiscation of property preservation measures are not perfect and other factors, has the potential to cause in the practice of the law is on the shelf.In Australia and Britain of the four countries on the basis of investigation and evaluation system, put forward our country expropriation system shall be carried out in a clear on the theoretical orientation of external and internal, confiscate the program shall be carried out "who advocate who proof" and application advantages of distribution of evidential burden of proof of evidence standard, in view of the practice in the specific case can also shall practise a system of presumption the illegal income.At the same time, should establish and improve the technical security measures and to improve the confiscated program.This paper is divided into six chapters, of which the first chapter is introduction, the second chapter and the third chapter is on the investigation to the outside system, the fourth chapter for the interpretation of the current system of our country, the fifth chapter is the summary, on the basis of the foregoing chapter four focuses on independent confiscation system of our country puts forward some countermeasures to improve, and try to describe the system operation of China’s criminal suit new prospect.The sixth chapter focuses on the study of independent confiscation system of our country the conclusive evaluation.The First chapter is the introduction part points out that to crack down on the crime of embezzlement and bribery and terrorist activities in order to adapt to the needs of criminal policy and international situation, for the timely measures to freeze recovered from crime measures is to fulfill the United Nations convention against corruption in our country on the anti-terrorism issue [1] and the resolution of a major move, but also meet the severe punishment of corruption crime and terrorism crime in our country needs to become a group of corrupt officials fleeing a sword.Put forward the problems that our country can confiscate the special procedure established at the beginning of the coordination with relevant supporting measures, can play the expected function of system transplantation, what are the legislative experience in this field of Anglo-American law system can be as reference.Next, the article research ideas and research methods, difficult point, and generalizes the existing literature.The second chapter to the expropriating outside of explore briefly the legislative regulation and judicial practice, further pointed out that the independent civil confiscation system will be confiscated as in rem, may be confiscated the property of the range, adopted the "who advocate who proof" the burden of proof allocation and advantages of evidence of the standard, and confiscate the system program is running and the preservation of the property involved in the measures to improve.Australia and Britain respectively to separate legislation system, Germany on confiscation of entity and procedure is referring to the criminal law and criminal procedure law.In addition, Singapore, Japan, Taiwan and other places, respectively, have relatively perfect laws and regulations.The third chapter on the basis of investigation in the outside system of extraterritorial experience the experience summary and evaluation, to clarify the national system in common is that the confiscation of the qualitative and the rules of the object is clear, in the allocation of the burden of proof and the standard of proof is to adopt the advantages of civil litigation proof standard, in appropriate circumstances shall practise a system of property presumption, there are rules and with the confiscation system matching property preservation measures.In addition, in order to ensure the smooth implementation of the property confiscated, some countries identified the asset management of technical protection measures.Confiscated in aspects of the program, is on a business trip outside of the judicial practice of the opposite sex, simplified civil confiscation, judicial civil confiscation, simple procedure such as operation mode is selectively applied.Chapter iv return home, confiscate the program review and reflection on the current.The article points out our country to confiscate the provisions of the criminal code of criminal procedure, criminal tools whether belong to other involved property confiscated to apply independent program confiscated remains to be thinking.Then further points out that the confiscation of program certificate standard is not clear, prove the extent to achieve a "verify belongs to" standard.In addition, the confiscation of program run is relatively single.The provisions of the several provisions slightly difficult to effectively guide the deficient in the judicial practice.Chapter five and chapter six is a summary and points out that the scope of the legal system and the advanced experience of the judicial practice of our country’s enlightenment.Although the system is stipulated in the criminal procedure law in our country, but it is still applicable civil procedural regulations and rules of evidence law.The specific case of certain conditions may apply presumption of illegal income, also shall establish a sound system of confiscation of technical security measures, improve the operation procedure.Finally, the article thinks that our country’s independent property confiscated system should find a balance between legal transplant and local conditions, so as to achieve the expected "to fight crime and punish corruption".