Research Of The Proof Standard Of The Illegal Income Confiscated Program

Illegal income confiscated program is a special program added in the criminal procedure law which was modified in 2012, but the proof standard is not formulated. "the fact of the case is clear, and the evidence is true and sufficient" stipulated in judicial interpretations has been questioned. The research formed theories like "beyond the reasonable doubt" "preponderance of the evidence" "the middle standard" and diversified proof standard. Based on the questions of the theories, the paper proposes new method to establish the proof standard of the program.Firstly, the paper analyzes the differences between civil litigation and criminal litigation, and explains that it is not civil procedures by comparing the differences between the program and the civil procedure; bases on the comparing of the program and the civil forfeiture system in America, it confirms that the program belongs to criminal procedures from the point of the integrity and continuity of the program. Then it demonstrates the irrationality of "beyond a reasonable doubt", and there are different intent and purpose between the application of "beyond a reasonable doubt" in the confirmation of a crime fact and the confirmation of a crime fact in the program. And concludes that there are loopholes in the application of "beyond a reasonable doubt" and should decrease the proof standard of the program through the use of narrowing with purposiveness. At last, it identifies the proof standard by comparing the extent of damage to diverse subjects and society interests which resulted in the adverse consequences of wrong judgments caused by wrong fact findings. And it establishes the proof standard system that the identifications to the "criminal facts" and "property facts" which claimed by the procuratorial organs should have truthfulness possibilities and be clear and persuasive, and the identifications to the "property right facts" which claimed by the interested party should conform to the corresponding civil proof standard.