Special Confiscation Of Illegal Income Research Program

Criminal litigation in our country the traditional focus on criminal responsibility shall be investigated for criminal, used to think that, as long as the criminal to justice, means that justice has been achieved, in the practice of so called "handled physical punishment, property law enforcement and judicial idea, value of the defendant in accordance with the law, the criterions for the conviction of contempt for the law of the property involved in the processing.According to "criminal law" regulation, the criminal all money and property illegally obtained by, shall be or dered. If not recovered in accordance with the law, the confiscation of criminal illegal income, even if the criminal in prison, his family or himself after prison can still sit on illegal income, and will continue to implement illegal and criminal activities, illegal income that doesn’t conform to the requirements of judicial justice, also easy to cause the social public discontent.In 2012 in the criminal procedure law after the modification of the lawsuit stages of the property involved in the program to make the preliminary rules, clear requirements people court ought to be in his ruling, the property of sealing up, distraining, freezing and deal with fruits. At the same time the new "criminal suspects or defendants escaping, death cases of the illegal income confiscated program", set up the property involved in the processing program especially illegal element to confiscate the basic framework of the program.This paper from the perspective of comparative analysis to confiscate the illegal income basic overview, to the property involved in the process of criminal suspects, defendants and the interested party, the rights of the victim, analysis the necessity of the illegal income program set up, and a comprehensive analysis of the pros and cons of the illegal income confiscated program in our country and abroad. On this basis, put forward its own Suggestions, including: the improvement of the relief way, pre-trial entity handler is relatively perfect, establish the victim damages the priority principle, sentenced to criminal forfeiture of property after the improvement of the reimbursement mechanism, etc.