The Theory Of The Illegal Income Confiscated Procedure In The Criminal Lawsuit Of Our Country

The number of corruption cases and the amounts involved are rising trend, corrupt Escaping aboard the phenomenon has become more widespread. And terrorist activities and crime presents international trends, the terrorist criminals fled to countries around the world, threatening the social stability of States. In 2012, "Criminal Procedure" to modify the suspect or the accused is not the case, according to China's "Criminal Procedure" Unable to start criminal proceedings against the suspect or the accused to be held criminally responsible. But not a small number of such illegal income property cases involving serious crimes, will freeze and can not handle the huge amount of property, economic and social stability of the country were adversely affected. To combat such serious crimes, after "Criminal Procedure" big modifications in 2012, the creation of the criminal proceedings, "the suspect or the accused into hiding or into the death of illegal income confiscation procedures."Confiscate the illegal income creation program, sparking wave of academic research. Scholars have put forward their own ideas and opinions, this research program for the confiscation of illegal income to provide adequate reference herein.In this paper, the illegal income confiscated study program starting from theory to practice, designed to improve the supporting systems of Criminal Procedure illegal income confiscation procedures. The first part of the program to resolve the illegal income confiscated the basic connotation. Confiscate the illegal income from the scope of the program, the basic content analysis of the characteristics of the illegal income confiscation procedures. Forfeiture of Property from the traditional legal system in China, to explore the development of illegal income confiscation procedures trajectory. Analysis of the illegal income confiscated program value ofexistence, the Criminal Procedure Law is certainly illegal income confiscated program value of existence and well-developed sense. The second part, referring to the two legal foreign national research literature on asset forfeiture system, typically the United Kingdom and the United States National Research Common Law confiscation regime, Japan and Germany to study civil law confiscation regime typical country, and summarizes the Two outstanding experience for our reference system to improve the illegal income confiscation procedures. The third part of the main study on the confiscation of illegal income legal procedures provided for defects and Confiscation of the judicial practice of illegal income generated. Confiscate the illegal income procedural measures to improve the latter part of the foundation has targeted.