Font Size: a A A

On The Proof Of The Special Procedure To Confiscate Illegal Income

Posted on:2018-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:D ChenFull Text:PDF
GTID:2346330515990015Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
The lack of regimeof illegal income confiscation not only makes the confiscation of the property from the absconded or already dead suspects’ illegal incomelack of legal basis in our country,but also results in our country’s passivesituation in thein recovery of the property with the International Judicial Assistance,thus leading to a difficult recoveryof the huge amount of illegalcriminal assets transferred toother territories.For the acts like acquiring property and interests by way of crimes,it does not act to punish and deter criminal acts only by prosecuting criminals.Therefore,it is necessary for the State to take legal measures to prevent those who commit criminal acts from benefiting from their crimes so that they can not escape the confiscation of their illegal proceeds.There are four special procedures in the Criminal Procedure Law(Amendment)in 2012,one of which is the new special procedure for the confiscation of illegal proceeds in Part 5 of Chapter 5.The procedure was established to address cases such as corruption and bribery by the defendant absconded or died that can not be subjected to criminal prosecution and criminal prosecution of their illegal income.At the same time,the special procedures of confiscation is not only based on the actual needs of the judiciary,but also the implementation of international anti-terrorism and the UnitedNations anti-corruption obligations."Criminal Procedure Law" established a non-criminal conviction as the premise of the confiscation procedures,which not only provides an authoritative and legislative guarantee for our judiciary to pursue the work of illegal income and to make illegal gains confiscated referee,but alsoprovides a strong legal support to get foreignrecognition and implementation.since the enactmentof special procedureof confiscating illegal incomes,it has been implemented for 4 years.Most of the courts in the country have launched the program and achieved some operational results.The paperis mainly divided into three parts to study the special procedure to prove the problem.The first part of the article isthe status quo of illegal income confiscation of special procedures : 20 cases of confiscatedillegal income cases as asample.The procedureshowscharacteristics:too wide scope of the application of the case,few illegal gains confiscation cases,more centeredaccusation and disunited problems of proof and so on.The second part of the article isthe problems of proof in special procedureof confiscating illegal incomes.The problems of the special procedure are mainly embodied in the following aspects: first,there is a problem in the object of the proof;second,there is a problem in the burden of proof;third,the standard of proof is not unified.The third part of the article is a solution to the problem of proof of the existence of the special procedures.In the face of the problems of the special procedures,the main countermeasures are: one is to clearly prove the scope of the object and the corresponding understanding;the second is to explore the perfect measures to prove the responsibility;the third is to improve the "dual" proof of the standard.
Keywords/Search Tags:special procedures of illegal income confiscation, object of proof, burden of proof, standard of proof, solution
PDF Full Text Request
Related items