Research On The Confiscation Procedure Of Illegal Proceeds From Corruption And Bribery

Our country in 2012 the new "criminal procedural law" in the third chapter fifth special programming created "a criminal suspect or defendant escaping, death cases unlawful income confiscated program" (hereinafter referred to as the "unlawful income confiscated program"), started the criminal suspect in the flight, death and other special circumstances, according to the property involved in the processing of the rule of law. Especially in recent years, with the deepening of China's anti-corruption struggle ahead, apply the illegal income confiscated program has occurred in the practice of the criminal suspect or defendant to corruption and bribery to confiscate the illegal income derived therefrom and other involved property of the legal case, but given the new "criminal procedural law" and judicial interpretation of "illegal incomes confiscated procedures" provisions shall be applicable to the relative principle, law is not very perfect in some application, especially for corruption and bribery crime unlawful income confiscated program for the theoretical research is still insufficient, this causes for corruption and bribery crime cases applies to the illegal income confiscated program faces many problems. To clarify and solve the related problem, in this paper, the application, the author in the "corruption and bribery crime unlawful income confiscated program", try to take the concept analysis, literature research, comparative analysis, value analysis, case analysis and other research methods, the embezzlement and bribery crimes for the illegal income confiscated program's basic situation, basic theory, operation, and improve the protection of the rights path problem carding, Suggestions to improve and build appropriate, to promote the embezzlement and bribery crime unlawful income confiscated program in the procuratorial organs investigation department working to good application in practice.The full paper is divided into five parts:The first chapter:the summary of the theory of the illegal income of the crime of embezzlement and bribery. This paper mainly introduces the basic concept of the illegal income confiscated procedure, and analyzes the legitimacy of the program from three aspects, such as the balance between the punishment of criminal procedure and the protection of human rights, the balance between power and right relief, and the balance of international obligations and domestic legislation.The second chapter:the foreign mode of the illegal income confiscated by the crime of embezzlement and bribery. This paper mainly introduces the mode of civil, civil law system of civil law system, the mode of separate legislation in Singapore, and analyzes the enlightenment and reference of the three modes of the illegal income confiscated.The third chapter:the litigation structure of the illegal income of the crime of embezzlement and bribery. This paper mainly discusses the procedure and the rights protection of the illegal income confiscated in the judicial practice of our country at present.The fourth chapter is the theoretical and practical problems of the illegal income confiscated by corruption and bribery. Mainly discusses the nature of the problems faced by the program and proof and procuratorial organs investigation, discipline inspection and supervision organs during the investigation in the special application.The fifth chapter is the perfection of the illegal income confiscated procedure of the crime of embezzlement and bribery. The system design of the system design and the improvement of the system design and the disposal of the property right of the criminal law of the crime of corruption and bribery in the investigation stage of the procuratorial organs, and the problems in the application of the procedure shall be constructed, and suggestions are put forward.