The Criminal Suspect Or Defendant Escape,Death Of The Illegal Income Confiscated Program Research

In the judicial practice,it often appears situation of abscondence or death after the criminal suspects and defendants implemented unlawful and criminal act,and the absence of criminal suspects and defendants in the general criminal procedure,which lead to the case be not submitted for prosecution,also the money and property that involved could not be dealt with.Since the the new-revised and implemented law of criminal procedure came into effect on Jan 1,2013,proceeding of confiscating the illegal income(hereafter will be mentioned as illegal income confiscating proceeding)has been set to the situation when the suspect or defendant is at large,which provides a legal ground to deal with such cases in the judicial practice.In the meantime,the proceeding promotes China's anti-corruption work in-depth development and fights terrorism effectively.In response to imperfection of this proceeding,the Supreme People's Court together with the Supreme People's Procuratorate issued Regulations on Several Questions of Application in Confiscating the Illegal Income of Criminal Suspect,Hidden Defendant and Death Case(hereafter will called two-supreme Regulations).This Regulations makes some supplementary explanations for several protruding issues in the proceeding of confiscating illegal income and aims at working out the tough issues in the application of judicial practice.It is vital importance to the realization of its original purpose.But in the process of its implementation,it calls for further research both theoretically and practically when comes to the issues of legitimate rights of the defendant,the scope of its case range and illegal income confiscation,the management and allocation of the proceeds of crime and the retroactive effect of its application.Therefore,this paper will discuss the inadequacy and put forward some suggestions concerning this proceeding's current situation in application in our judicial practice.This paper includes five parts:Part one: Introduction.Mainly aim at the illustration of the research background,significance,approaches of research and the innovation of this subject.Part two: Outline the proceeding of illegal income confiscation,analyze its features,quality,Start-up conditions and procedures for the rotation.Part three: introduce modes of illegal income confiscation in system of Anglo-American law and modes of illegal income confiscation in civil law system abroad respectively,then explains its theoretical basis and enlightenment on illegal incomes confiscated procedure in our country.Part four: introduce the current situation of illegal income confiscation in judicial practice in our country by employing practical cases,and to analyze the deficiency existing in the program by combining with the rule of law.Part five: through drawing lessons from the international convention and some other countries' legislation and combining tough issues encountered by judicial authority in handling cases in Chinese judicial practice,clarify and inquire into the design of the illegal income confiscation proceeding,then put forward significant suggestions.