The Research Of Criminal Recovery System In China

The criminal recovery is a procedural enforcement measure of depriving the illegal income of criminals. This regulation is mainly sourced from the Criminal Law Article64of China.The recently revision of criminal procedure law specified the illegal income confiscatedprogram of suspect or defendant escaping or death. However, the program is only applicable to special types of cases such as corruption and bribery crime and terrorism crime, thus it’s failed to systematically construct the system of criminal recovery in China. The theory research,legislative regulation and judicial application of criminal of criminal recovery problems inChina are still weak. The boundaries of authority allocation among the Public Security Bureau, the People’s Procuratorate and the People’s Court are not very clear. As a result, the application of criminal recovery during judicial practice is confused. In order to build the s ystematicand comprehensive criminal recovery system, we need to define the intension and extensionof the “illegal income” that the object of criminal recovery have, and make sure what the definition of criminal recovery and the related concept are, and to clarify the criminal recovery function. The author researched and investigated the criminal recovery system through Taiwan,Germany, Britain and international convention as well as the existing system of China,demonstrated and analyzed the good faith acquisition system, criminal illegal income recovery, the remedy of right when criminal recovery is not applicable simultaneously, hoping todefine the criminal recovery procedure, establish a comprehensive system of judicial review,consummate the system of good faith acquisition against illegal income, enhance the system of trial by default, guarantee the participation of interested party, clear the path of the right remedy for interested party, in order to establish a scientific and reasonable modern system of criminal recovery in the aspect of legislation.