On The Perfection Of The Confiscation Procedure Of Criminal Law In Our Country

Corruption, bribery, the crime of terrorism case crime suspect and defendant escape or death that frequently appears in the judicial practice in the past, the illegal income is unable to recover the legal obstacles. The illegal income is suspects and defendants through illegal activities by law prohibits the obtained with substantial economic value objects, is money, stolen goods, the property is often from the crime, illegal income is the lawful property of the facade. Therefore, the illegal income recovered must resort to criminal procedure. In 2012, the revised "Criminal Procedure Law" fifth series, joined the "special procedures". The fifth series of the third chapter is "the crime suspect, the accused person flees, death cases of illegal income confiscated program", a total of four terms. As the new criminal law is increased by a special program, illegal income confiscation procedure solves the crime suspect, the accused person does not appear in court when, not through the normal channels of the criminal judicial recover their illegal income of awkward questions. However, because the program is still in the initial stage of trial use, there are many issues need to be clarified, and therefore need to be further discussed from the theory and practice, improve and complete.This paper is divided into three parts:The first part is the basic case and the cause of thinking:This part mainly through our country corruption case of flight personnel for the lead, lead suspects into hiding illegal income recovered the difficulty of analysis, and extended in foreign and recover the illegal property crime of shortage of China, finally introduced to "the illegal income confiscated procedures".The second part is about the problem of the illegal income confiscated program:This part is to expound the illegal income of the newly revised "law of criminal procedure" in special procedures in the "standard of proof", "illegal income limit", "start the program", "relief procedure safeguard" and other four aspects in order to have a preliminary understanding of "illegal income confiscated program". At the same time, it also gives a brief understanding of the causes of the phenomenon. Perfect for the third part of the paper.The third part of the illegal income confiscated program to improve the proposal:According to the understanding on the issue of illegal income in the second part, this part put forward the illegal income confiscation of suggestions to improve the program, including illegal determine income confiscated proof standard, rich startup procedure, establish the property investigation procedures, perfect relief procedure and so on several aspects discussed.