The Research Of The Special Confiscation Procedure Of Illegal Income Of Corruption Crime

The special confiscation procedure of the illegal income of the criminal suspect,the defendant who has escaped or died,makes up the vulnerabilities that exist in the criminal law system in China,However,the problems of the special confiscation procedure of the illegal income in fighting against the corruption crime emerge gradually,which mainly appear in the following aspects: the unreasonable application scope,the narrow application object,the single application subject,undefined mechanism of processing the confiscated property,incomplete evidence rule,and the imperfect protection and relief system of the right of the accused person.So it is necessary to sum up our experience and introduce the experience of typical foreign countries.We can gradually improve the special confiscation procedure through legislation or judicial explanation.There are six aspects need to be completed.First,to expand the application scope of corruption crime appropriately,for example,the content of non-state staff embezzlement,bribery or malfeasance crime in third chapter of the criminal law and the content of intentional crime of malpractice in the ninth chapter,which can adopt the special confiscation procedure.Secondly,the rule of the application objects and explaining the law to make the corruption crime commission investigation being the case,and the suspend lawsuit caused by serious illness of the accused person could adopt the special confiscation of procedure.Thirdly,we should add the program initiate objects,strengthen the duty that administrative organ and the bank report to the people’s Procuratorate,give the interested person right to apply for a beginning of the program to encourage the accused person’s near relatives apply and assist the development of the program by establishing the incentive mechanism.Fourthly,we should complete the processing mechanism of the involved property.For the substantive property,we should set up a special fund managed by a special institution or buy commercial insurance etc.For the non-substantive property,we should analyze the specific issues flexibility in the processing of improving the legislation and judicial practice according to the provisions of the law.Fifthly,we should complete the proof object and establish the system of providing proof that the Procuratorate assumes the responsibility of providing proof and the interested person complement each other.Meanwhile,we should establish different testification criterion according to different objects in order to conduct the lawsuit activity smoothly.Finally,we should give more proceduralrights to the close relatives and interested person gradually,and establish different remedies according to the different period of accused person justice after the completion of trial.