The Research On The International Confiscation Procedure Of Illegal Income

In 2012, the criminal procedure law in our country increased the "Confiscation Procedure of Illegal Income ". On this basis, the "International Confiscation Procedure of Illegal Income" has become a hot point discussed. Concentration is the international confiscated of the illegal income and asset return stage. At present, the implementation of international illegal income confiscated mostly by signed with foreign criminal judicial assistance in China. For example, China has signed the criminal judicial assistance treaty with Poland, Mongolia, Romania, Russia, Greece, and other countries. And China has signed extradition treaty with countries, such as, Thailand, Russia, Belarus, Romania, including the recovered, crime proceeds. On July 21, 2001, China and Ukraine signed< The treaty of moving the tube that sentenced>, which started with foreign legislation precedent of mutual recognition and enforcement of criminal verdict. In June 2013, China and Canada will have negotiations about “return the property and share confiscated assets agreement “, and reached the agreement. This is China’s first foreign negotiations on recovered crime income.The criminal procedure law of the Procedure of Illegal Income stipulated in articles 280-280, only four laws cannot adapt to the current international legislation trend. To improve the confiscation procedure of illegal income is quite complex, and also need the top-level design, need legal thinking, also need to cooperate with relevant agencies and departments. In this paper, focusing on International Confiscation Procedure of Illegal Income, and it is important to believe in that our country’s ruling about illegal income confiscated is according with the standard of due process, no matter from the scene of the evidence collection, trial or announcement deadline scheduler is conform to the trend of international criminal law and human rights standards. Accordingly, its foothold is how to achieve the goal after getting the Court’s confiscation order. And it is combined with criminal judicial assistance.This paper attempts to vertical and horizontal the viewpoint from the perspective of Confiscation Procedure of Illegal Income, Draw on the experience of legislation mode of Extradition laws. Strive for to enrich entity legislation of International Confiscation Procedure of Illegal Income. The aim is to under the framework of principles and rights and obligations, and further to fill the related system and mechanism.