The Operation Of Procuratorial Powers In The Confiscation Procedures For Illegal Income

In March2012,Our country Amended the Criminal Procedure Law of thePeople’s Republic of China and added confiscation procedures for illegal income inthe special procedures.The new legal procedure was established under suchbackground:diverse and innovative criminal means continued emerging and thejudicial authorities of China faced more and more difficult to confiscate illegalincome in a case regarding a serious crime such as embezzlement, bribery, or terroristactivities. Therefore, there is no doubt that the establishment of the new procedure isanother important milestone in the history of the development of China’s legal system.However, the new procedure currently only has four simple provisions and morethan a few hundred words. What’s more, the procuratorial power in this procedure arecovered among the four provisions directly. Because of lacking of systematic andcomplete procuratorial power operating mechanism on the current, a lot of expertsinvoluntarily worry whether the procedure’s prosecutorial powers to maintain stableand healthy operation. Therefore, in order to respond to these concerns positively,based on the results of previous studies, this paper first attempts to analyze, collateand research the procuratorial power in confiscation procedures for illegal income,then try to explore a specific path to improve the operation of the procuratorialpowers in the confiscation procedures for illegal income. Specifically, apart from the introduction and conclusion, the structure of thispaper is mainly divided into three parts.Part I The outline of confiscation procedures for illegal incomeFirst, from the perspective of relationships between legal norms to analyze thehistorical evolution of the confiscation procedures for illegal income, then based oncurrent legal statements of this procedure to try to generalize the legal implication ofthis procedure, at last combined with the objective needs of the development ofChina’s judicial practice to explore the significances of this procedure from fourdimensions.Part II Analyzing real situation about the operation of procuratorial power inthe confiscation procedures for illegal incomeThrough the macro level overview of the operation of prosecutorial powers andby the micro-level description of the procuratorial power in the confiscationprocedures for illegal income’s features, this part point out that China’s currentexisting problems and shortcomings about the prosecutorial power in this procedure.Part III Improvement about the operation of procuratorial power in theconfiscation procedures for illegal incomeBy comparative perspective to study Germany and the United States relatedmodels and analyze the models’ inspirations for our operation of procuratorial powersin the confiscation procedures for illegal income, combined with China’s currentcondition, this paper ultimately attempt to explore a specific path to improve ouroperation of procuratorial power in that special confiscation.