The Burden Of Proof On Illegal Income Confiscated Program

In order to efficiently recovered the illegal income, The 2012 Code of Criminal Procedure establishes the illegal income confiscated program in our country.Because of the program’s highly prospective,and it has not yet been tested in judicial practice, many people have a question about the illegal income confiscated program in the revision process and the promulgation, especially about the nature of the illegal income confiscated program.Different procedure has a very big difference. For example, Thecriminal procedure and the civil procedure to implement different standards of proof.the lack of adequate procedures has resulted in serious trouble inhe illegal income confiscated program.Because the illegal income confiscated only based on the principle legislation in the form of law. This article consists of four parts:The first part analyzes the historical background, Features, nature of illegal income confiscated program.A clear understanding of the Features on illegal income confiscated program can help us known better the burden of proof. Because he different subject of proof that the object is not the same.The second part analyzes the prove of the crime facts establishment and scope of confiscation property. Analysis of the object of proof, the specific configuration helps to understand the burden of proof.The third part analyzes the allocation on the burden of proof.The fourth part analyzes the suggestions for improvements of the illegal income confiscated program。...