Deprivation Theory On Investment Income

In judicial practice,there are doubts about the determination of illegal income,especially when it turns into another kind of property or is used to individual's production and operation which obtains revenues.The first part of the series discusses the definition of criminal income by analyzing the latest judicial interpretation,which proposes:One is that investment behaviors by criminal proceeds should be further sub-classified based on the "the orientation of investment".In addition,benefits derived from honest labor and completely legal operations has basically cut off all contact with crime and divorced from fructus obtained from the criminal activities.In this case,the proceeds don't increase in the value of its property,but tend to the degree of wealth accumulation.So,the legitimacy of all property obtained by investment shall be recovered should be discussed.Secondly,disgorgement has problems because their principals were inexperienced in judicial practice,improvements still to be made.Thirdly,confiscation of illegal gains independently includes limitations with problems of complex crime proceeds,therefore one auxiliary method is necessary.The second part of the series identify the character of investment income from criminal earnings,which is in a long-running dispute.In view of the field,there are three opinions for the character:'keeping as proceeds of crime theory ';'legitimate income theory';'compromise theory'.By the analysis of rationality and feasibility about the three theories,I choose to take a middle ground.If the investment income or the proceeds generated therefrom by any other means are derived from honest labor and completely legal operations,the amount of crime-related proceeds should be limited to direct investment,deducting the labor-value.At the third part,I put forward equipollence principle and sorting treatment principle to deprive the crime proceeds.we cannot fail to highly attach importance to the great social jeopardy caused by crime,criminal character,criminal circumstances of crime,damages and the impact by depriving.It is easy to operate judicially by separating the investment behaviors further into different ways.In practical terms,the investment direction can be classified into direct investment and company investment.Of these the former are the majority,which is based on direct value-added,should be retrieved upon most occasions.However,some stock bonds can't certainly benefit from economic grovwth,unlike some kind of low-risk alternatives,and the basis for the gain is the investment perspective and underselling in time.So,"one size fits all" is not suitable when practical situation is complex.As to company investment,the labor value and the operator-specific beneficiary contribution should be concretely weighted.Then,the fourth part of the thesis is about the crime proceeds depriving presentation of civil law system,common law system,and international treaties.Emerging from these practices,it's necessary to propose technical,technological and institutional improvements in criminal proceeds depriving,which is to improve the depriving regulation and confiscation of illegal gains independently.Firstly,the amount of crime-related proceeds should be limited to direct investment and avoid the misused in confiscation application.The property confiscated by the temporarily seized organs shall,in any case,be turned in to the State Treasury or the victims.we can make up specific depriving standards based on different investment situations.As to direct investment,the court can refer to funds details,and specify the amount clearly in the written judgement.What's more,whether a perpetrator is able to have significant influences on an invested entity is the key to tell value surcharges of honest labor and completely legal operations.Last,auxiliary safeguard mechanism should be added in confiscation of illegal gains independently system,such as full-time confiscated institution and asset management agency.