Research On The Procedure Of Criminal Recovery

In recent years,the global economy and science and technology culture are developing rapidly,and these developments have brought convenience to our lives,but with the rise of corruption,bribery and terrorist crime rates.These criminals in order to transfer the proceeds of crime,to avoid the law to pursue and do nothing.Prior to 2012,because there was no relevant legislation,the judiciary,despite the evidence that the criminals violated criminal law,but the proceeds of crime or the recovery of property involved,once the criminals absconded or died,it is difficult to normal,The difficulty of recovering the difficulties and hindering the normal procedure.This can not guarantee the victim's rights and interests are timely and effective maintenance,can not reduce the loss of victims,but also detrimental to the maintenance of justice and promote social stability and development.The newly revised "Code of Criminal Procedure" in 2012 has set up a "confiscation procedure for criminal suspects,defendants' evasion and death cases" in the special procedures chapter,which has solved this judicial problem very well.The establishment of the procedure is a milestone in the establishment of our criminal recovery system.The law gives its special meaning.It has many unique provisions in terms of the scope of the applicable case,the object of the disposition and the subject of the application.The establishment and perfection of the criminal recovery procedure has greatly met the relevant needs of our legislation and judicature,which is conducive to the criminal punishment of criminal cases such as corruption and bribery.However,even if the legal and related judicial interpretation of the detailed provisions of the provision,this new program still has difficult to avoid the defects,this paper is based on China's "Criminal Law","Criminal Procedure Law" provisions,and learn from other countries?regions),regional criminal The author puts forward the preliminary conception of perfecting the procedure of criminal recovery,so as to make a contribution to theimprovement of our criminal recovery procedure in view of the characteristics of the criminal recovery procedure in our country.Protect judicial justice,improve the credibility of the judiciary,and promote social harmony and stability.This paper is divided into four parts:The first part,the basic theory of criminal recovery procedures.It mainly explains the object of the criminal recovery procedure,the nature of the criminal recovery procedure,the characteristics of the criminal recovery procedure and the evidence rules of the criminal recovery procedure,and expounds the significance of the criminal recovery procedure.The second part introduces the legislation of the international community on the procedure of criminal recovery by means of comparative analysis.It mainly introduces the legislation and practice of criminal recovery procedures in Britain,the United States,Germany and Japan.The legislation of the criminal recovery procedure of some countries?regions),especially the Anglo-American law system,has been in front of our country.By analyzing the current situation of the legislation of the criminal recovery procedure of the representative countries?regions) in the Anglo-American law system and the civil law system,this paper compares the current legislation situation,And provide effective reference and guidance for the perfection of criminal recovery procedure in our country.The third part,in the previous analysis of some countries?regions) abroad criminal proceeds of criminal recovery procedures under the premise of legislation,focusing on China's current legislation status.To explore the lack of legislation and practice in our country.Including the scope of the application of criminal recovery procedures,start time and the application of the main five aspects.The fourth part comprehensively analyzes the above experiences,the legislation of each country,points out the insufficiency of the criminal recovery procedure in our country,and puts forward perfect suggestions inthis part,including five aspects: start procedure,trial procedure and relief procedure,and protect the defendant and the victim and the group The legal property,save the judicial resources.