Of Independent Confiscating Procedure

Independent confiscating procedure is new in the latest revision of criminal procedure law of our country, the special procedure want to recover stolen money or goods program under the absence of criminal suspect or defendant, the establishment of the independent confiscated procedure is the breakthrough of traditional bench trial justice idea, has significant meaning to promote the progress of the criminal procedure law.At first, this paper starting from the basic theory of independent confiscated program, the definition, nature, characteristics, application value and real value made in detail, and from the Angle of value analysis, this paper discusses the reasons for selecting the independent confiscate procedure legislation in our country; Secondly, in this paper, the independent confiscation of procedures applicable scope of case, the object scope, rules of evidence in the existing provisions vague problems has made the analysis and argument, put forward some of his own point of view, once again, this paper chose the typical countries and regions on independent confiscated programs outside of legislation mode and the illegal income revenue sharing mechanism two aspects has carried on the comparative study of related system to perfect our legislation and make the stage; Finally, this paper establish proof standard, establishing the system of defendant agency confiscated two aspects of independent program puts forward some Suggestions to perfect legislation and judicial explanation, and set up illegal proceeds from crime revenue sharing mechanism and establish a whistleblower rewards system two aspects to establish independent confiscation of related system are proposed.