On Illegal Income Confiscated Program In China

The illegal income confiscated program was established by the code of criminal procedure of our country in 2012,which has important practical significance to China’s fight against bribery crimes and terrorist crime. Through the program,the strength of crackingdown the corruption and bribery crime, terrorist crime and other serious criminal offense will be increased. It can not only offer some help for recovering the suspect and defendant’s illegal income,but also confirm with the international judicature, perform international convention and fight against foreign absconding activities. In the grim situation of struggling against corruption, how to play a role in overseas stolen goods for this program has become a common topic to theory and practice fields. As a new procedure, the provisions of the criminal procedure law of China to the illegal income confiscated program are too principle and rough. The specific procedures are relatively simple and abstract. The important and controversial content is not clear, such as rules of evidence and others. All of these have led to some problems, for example its operation is not strong and and there are lots of disagreements in the academic circles and practical circles. Through comparing the clomestic and foreign illegal income confiscated program, this paper points out the similarities and differentces between domestic and foreign illegal income confiscated and analyzes the characteristic and working rules of illegal income confiscated program. Meanwhile, combining with the application of this procedure, the paper discusses the shortcomings of the program, the problems in juridical practice and puts forward feasible suggestions about perfecting the illegal income confiscated program.