The Illegal Income Confiscated Research Program

Unlawful income confiscated program, also known as the criminal suspect or defendant escaping, death cases unlawful income confiscated, is China’s "criminal procedural law" in 2012 special procedure with new content. The legislation was signed in to join in our country under the background of a series of international conventions, combined with China’s national conditions and the provisions of the new. First, since 1996 the criminal procedure law in our country for being prosecuted people escape or death, do not govern the crime income property recovery problem, make a lot of property can not be recovered, caused huge losses to the state. As a result, which makes up for the loopholes in legislation in our country. Second, because of corruption and bribery crime, terrorism crime often with money and possessions are inseparable, criminals fled abroad at the same time, the property has been associated with criminal transferred abroad. Because our country criminal litigation without absentia system again, when our country judicial organs need to be recovered in a foreign country when the crime income, often because there is no corresponding legal documents as an executive basis, and eventually lead to cannot be recovered. Therefore, the rules to meet the needs of judicial practice. Finally, because recent years in our country, gradually strengthening of embezzlement and bribery crime, terrorism crime crackdown, and participate in international criminal judicial cooperation, signed and approved a series of international conventions. Therefore, this rule is also the needs of the line with the international convention. However, at present the accused person the illegal income confiscated program many relative principles and abstract content design, this article tries to analysis the illegal income confiscated program there are substantive and procedural issues, put forward to perfect the criminal suspect or defendant escaping, death cases unlawful income confiscated measures of the program.Besides preface and conclusion, the paper is divided into three parts. The first part of the illegal gains confiscated program content overview, this part firstly introduces the concept and characteristics, and discusses the illegal gains confiscated generality and particularity of the program, as well as the relevant international law origin of unlawful income confiscated and legislative cases in other countries and regions. The second part of the illegal income confiscated program in question has carried on the comprehensive discussion. Including the start of the illegal gains confiscated application, under the jurisdiction of property owners, certificates and goodwill defence in three aspects. The last part of the part is mainly based on the above analysis, the improvement of the corresponding measures are put forward. First of all, confiscation of unlawful income shall be the program start to need to consider. Second, clear, the applicable scope of the illegal gains confiscated case will limit the embezzlement and bribery crime, terrorism, organized crime and drug crimes these four types of social harmfulness is bigger as well as the key on the kinds of crime against the international community. Again, clear proof of the illegal income confiscated standards, can’t simply copy the advantage of British and American national standards of evidence, and shall take "differentiated proof standard". Finally, improve the system of bona fide defense property owners, to better protect the legitimate rights and interests of bona fide third person property.