The Research On Confiscated Program Of Illegal Income

Criminal suspect or defendant escaping, death cases confiscated program of illegal income is referred to as "Confiscated program of illegal income".It refers to the terrorist action classes involved in corruption and bribery, crime.The criminal suspect or defendant escaping in wanted after a year without being caught or the criminal suspect or defendant dead.In accordance with the law of the people's court to the involved property or illegal income confiscated program.The establishment of this procedure for safeguarding national interests, prevent and punish crime, realize the procedural justice, saving the cost of litigation resources and has played a huge role.But laws, eventually need people to implement.Both in the theoretical circle and departments are there exist differences in judicial practice since the program set up.And also they have encountered many problems In practice.Therefore,it has a realistic meaning in rethinking of this program..The confiscated program of illegal income in China is in the nature of criminal forfeiture. It is in rem,the case scope and the object of application are special.It is different from the default judgment and administrative property confiscated the theory of procedure self-control,measuring interests,Become the theoretical basis of the program.Punishing crime and protecting human rights is one of the legislative purpose of the illegal income confiscated program.,At the same time, the program also has improved to some extent the judicial cost, improve the efficiency of the settlement.According to the analysis of current confiscated program of illegal income legislation in our country, discover the shortage of the existence of case scope, the applicable objects, the object and a certificate standard.therefore, we should refine the case applicable types; Clear the applicable objects; Clear certificate object and standard; We will improve the mechanism of pretrial property preservation.In addition we need to improve the procedures of the illegal income confiscated the necessary security measures,Including the confiscation of illegal income program relief mechanism; Improve the outside pursuit; Establishing the system of compulsory defense, make the function of the illegal gains confiscated program into effect.