Research On The Procedure Of Confiscation Of Illegal Income In The Background Of Extraterritorv Booty-recovery

The Beijing Declaration on Combating Corruption clearly defines the procedure of confiscation of illegal proceeds as a legal Way of stolen goods. The procedure of confiscating illegal proceeds gradually highlights the procedural value of stolen goods abroad. This article mainly from the illegal confiscation procedures established background,value and nature of our illegal proceeds confiscated in the process of foreign stolen goods in the issue of the relevant national legal system and learn from the relevant aspects of the improvement of the issue of foreign stolen goods under the background of illegal income Confiscation procedures for a comprehensive analysis of the problem. Use the way of comparative research to carry on the thorough analysis to the problem which appears in the practice, find out the perfect suggestion to solve the problem.This article first introduces the illegal forfeiture procedure by comparing the traditional way of stolen goods. The introduction of the procedure of confiscation of illegal proceeds includes: the background and role of the procedure,the nature of the program,the author of the understanding of the nature of the program. Secondly, this article summarizes its plight in the context of stolen goods abroad with the help of the application and enforcement of the procedure of confiscation of illegal proceeds. On the application of the problem, its existence conditions harsh, start the subject discretion is too large, the lack of jurisdiction of the court; On the issue of supporting the system, the existence of the objective behavior of the judge is too one-sided,knowing that the standard does not meet the judicial practice, intergovernmental assistance is too hollow; On the issue of rights protection, there are too many restrictions on the right of the accused person,the unreasonable way of trial.; On the extraterritorial implementation, its lack of mutual recognition and implementation of the system, the lack of assets involved in the sharing mechanism. The author compares and analyzes the characteristics of various legislative models and their reference significance to China through the comparative study of the establishment of different countries' confiscation procedure and the extraterritorial implementation system.Finally, some suggestions are put forward to solve these problems. It is recommended that the optimization procedure be applied, the conditions apply explicitly, the discretion of the main body, and the jurisdiction of the court; Improve the relevant supporting system,increase the criteria for judging,refine the knowledge of the identified standards and the coordination of theoretical and practical level of assistance;Improve the rights protection channels, strengthen the alleged person's agent and strengthen the trial; Illegal income confiscated outside the implementation of the implementation of the system, the proposed recognition and implementation of foreign confiscation of the legislative design of the award,the establishment of a fee compensation system proceeds,the proposal for the recognition and enforcement of foreign confiscation decisions; The establishment of asset sharing system, the determination of the proportion of asset sharing, the principle of the amount of assets to be shared, and the competent authority for asset sharing.