Research On The Special Confiscation Of Criminal Procedure

In 2012,Criminal Procedure for the Second Amendment, which the newly created criminal suspects and defendants into hiding, the death of illegal income confiscation procedures is particularly special concern, the program carries a wide range of people’s expectations. This expectation stems from recent years, more and more serious with money fugitive corrupt officials, various forms of organized crime is not only a terrorist threat to people’s property, health and even lives, but also seriously shaken the foundation of the party and the government. We can say that criminal suspects and defendants into hiding after death or how confiscate the illegal income has become the judicial system construction can not be avoided. This program generated only with the "United Nations Convention against Corruption" standards, but also for us to solve corruption and bribery, terrorism criminal cases criminal suspects and defendants into hiding or dead, can not continue the proceedings resulting in a large number of illegal proceeds and use loss of property crime, can not be recovered to provide a solution to this dilemma.Special confiscation procedures established so far only four clauses and a small amount of judicial interpretation of the provisions of the forfeiture program scope, application, notice, hearing and relief program, which for a comprehensive program is obviously not enough. Currently, the public is still on special confiscation procedures that exist in dispute heated discussion on the use and other identification procedures and rules of evidence of the legal nature of a series of procedural issues are controversial, we urgently needed to perfect. In the design of special confiscation procedures when the main reference for civil forfeiture common law system and civil law system of trials in absentia. Of course, there are other areas also set up a distinctive related systems, such as Singapore and Chinese Taiwan alone confiscation regime, although each region on the establishment of the system, the operating procedures and build on related systems there are differences, but still It does not prevent us learn and absorb good experience. With the increase in the new situation of anti-corruption efforts, good implementation of special confiscation procedures is particularly important that any program you want to play its due role, not only actively cooperate with the judiciary, but also in the implementation process continue to discover and solve problems.The main body of this paper is divided into four parts.The first part of criminal suspects and defendants into hiding, the death of illegal income confiscation procedures outlined. In this section, prior to the establishment of background program, at this stage of the applicable conditions and remedies to elaborate. On the basis of their own departure from the existing program to analyze the characteristics and special confiscation procedures is expected to achieve.The second part analyzes the defect special confiscation procedure exists through a typical case.The third part focused on the fundamental issues special confiscation procedures for analysis, including:the legal nature of special confiscation procedures, applicable conditions, burden of proof, the standard of proof and the scope of the property involved in the case and so on. The use of comparative research on this basis, by comparing to other regions related systems, especially at this stage of the advantages and disadvantages of forfeiture proceedings depth analysis.The fourth part is based on the above research, the special forfeiture proceedings problems to be solved related to the proposed improvement measures. Special procedures apply for the forfeiture case in detail the scope of the recommendation; clear special confiscation procedures in the range "a significant impact on Criminal Cases"; confiscation of property involved in the details of the scope; establish and improve the confiscation of property preservation measures. Special confiscation procedure to improve protection of the rights of interested parties; strengthening international cooperation and sharing of assets regime.