Research Of Litigation Proof Of The Confiscation Procedures Of Illegal Income

In order to fight against corruption and crime,terrorism crime,recovery of the outflow of assets timely,China established illegal income confiscated procedures in a new round of amendment of criminal procedure law in 2012.In accordance with the law,under the provisions of the program,in the major crimes of corruption and bribery crime,terrorist crime,criminal suspects,defendants escape or death,the program can recover the illegal income and other property involved.This legislation filled the legislation blank of our country on this problem of illicit money and goods.According to the procedure,the judicial authority can recover illicit money and goods more effectively and quickly.But from the criminal procedure law on the procedure provisions,in the content of the design is relatively rough,to some key problems such as proof problem did not make clear provisions.And the program exist a civil litigation and criminal litigation mixture in nature,the mixture caused confusion in the proof of the program in theory controversy and judicial application.The proof system is the core of the litigation procedure.It is proved that the system is perfect,reasonable,just and effective,it will directly determine the application effect of the whole procedure.This article will take the judicial status of our country and the purpose and significance of the illegal income confiscation procedure as the starting point,Exploring to establish a strong program proof system to operating of the illegal income confiscated for China's judicial practice.This paper consists of five parts.The first part introduces two typical cases in judicial practice,then introduces the problems existing in the process of case trial.Based on the introduction of two cases of Li Huabo and Chen Xi,then introduce the four problems in the judicial practice of the illegal income confiscation procedure,Including objects of proof,the burden of proof,the standard of the proof,the burden of the proof of the interested party that participate in the program.The second part will analyze the object of proof of illegal income confiscated program.In the judicial practice,there is a controversy that should there be certification of facts of the crime.And the scope of the property definition is fuzzy.This part first will summarizes various disputes exist in the object of proof on the issue,then defines the scope of the object of proof after the detailed analysis of the problem.The third part mainly solves the division of burden of proof of the illegal income confiscated program.Both of the interested parties that apply to participate in the program and procuratorate should bears the burden of proof And establishing special evidential burden system.The fourth part analyzes the standard of proof problems of the procedure.In the circumstances that cannot define the nature clearly,this article will discuss this issue with new ideas.According to the characteristics of this program demonstrates the rationality of the "Obvious Superiority Evidence" standard of proof.The last part will analysis the problem that the material should be provided of eh third people.Considering the protection of the rights of the interested parties and the litigation efficiency,interested parties should provide the proof of "identity and preliminary proof of ownership" of two kinds of materials.