The Perfected The Confiscation Procedure Of Illegal Income

In2012, the confiscation procedure of illegal income was elaborated by the Criminal Procedure Law, which established a judicial way to confiscate the illegal income in China. The confiscation procedure of illegal income plays a vital role in solving the outflowing capital in the corruption and bribery cases and combating the terrorist activities. Due to the ambiguous nature, rougher rules and lack of experiences, the confiscation procedure of illegal income cannot achieve the purpose. To provide a theoretical basis and path for consummate the confiscation procedure of illegal income, this study clarified the basic framework of the confiscation procedure of illegal income and analyzed the property based on the Criminal Procedure Law and some judicial interpretations.This study included five parts as below:The first part mainly investigated the theory of the confiscation procedure of illegal income. The concept and significance briefly elaborated the illegal income confiscated program, on the illegal income confiscated program have a preliminary cognition and understanding. Through the analysis of the content and form of its nature, this section pointed out that the confiscation procedure of illegal income is a criminal proceeding and a public security and disciplinary measure.The second part briefly discussed the legal framework of the confiscation procedure of illegal income. With the Criminal Procedure Law and some judicial interpretations for foundation, the article researched the procedure rule, proceedings, remedy measures and termination condition of the confiscation procedure of illegal income.The third part generally exhibited the research abroad about the confiscation procedure of illegal income and some enlightenment. According to the civil confiscation of Common-LawSystem and the criminal confiscation of Civil-LawSystem, this part explored some foreign confiscation procedure of illegal income, such as America, United Kingdom, Australia, Germany, France and Singapore. And we expected to take advantage from the foreign confiscation procedure of illegal income to improvement the confiscation procedure of illegal establishment in China.The fourth part analyzed the problems of the confiscation procedure of illegal income in China. In accordance with the Criminal Procedure Law and some judicial interpretations, we found that the scope of the confiscation is still unclear, the standard of proof is incomplete, the period of appeal is short, the way of participants is deficiency, the scope of application is too large and the treatment of the defendant is too simple.The fifth part presented the suggestions for improving the confiscation procedure of illegal income in our country. On the basis of the characteristic and disadvantages in the confiscation procedure of illegal income, this section advances to determine the scope of confiscated, to establish the standard of proof, to extend the appeal period, to set up a new way pathway of participants, to restrict the scope of application and to assort the treatment of the defendant.