Research On The Confiscation Procedure Of Illegal Income

In recent years, the phenomenon that criminals who escape with funds or die lead to the loss of the states, collective and citizen’s property is becoming more and more obvious. In order to prevent serious criminal offence and protect legal property from infringing, the 2012 version of the Criminal Procedural Law introduced suspects and defendants’ illegal gains confiscation processes into the section of special procedure, and provided the legal basis of confiscating illicit money and spoils in the cases of failing to prosecute for criminal offense from criminals. However, as a new regulation, the confiscation system is principled but inoperable and needed to be studied from both theory and practice. Based on the explanation of the Established meaning and content of the illegal gains confiscation system, this paper aims to provide much more references for the theory and practice of the illegal gains confiscation system by summarizing the process value, absorbing advanced foreign experience, analyzing the existed problems in the judicial practice and proposing countermeasures.This paper mainly expounds from five aspects:the part of introduction generally discussed the effect and problem of the illegal gains confiscation system which pointed out the problems to be solved; in the first part, it generally introduced the meaning, legal nature and established the meaning of the illegal gains confiscation system; in the second part, it introduced the current legislation of our country’s illegal gains confiscation processes and illustrated the process value in core value as well as its contents; in the third part, it compared the not condemned confiscation processes pattern adopted by foreign countries, and summarized the advanced experience; in the fourth part, it presented the methods in dealing with problems by analyzing the flaws existed in the confiscation processes; In the fifth part, it presented the measures to improve illegal gains confiscation processes from the point of practice; in the part of conclusion, it summarized the main idea of the research paper.