Research Of The Interested Persons In The Procedure For Confiscation Of Illegal Proceeds In China

The legal terminology of the interested parties was a concept that was introduced into the field of criminal procedure in our country by adding a special procedure for confiscation of illegal gains in the Criminal Procedure Law of the People's Republic of China in 2012.On the one hand,the establishment of the special procedures for confiscation complied with the requirements of the UN Convention against Corruption and provided the solution to our thorny issue of our country's solution to the confiscation of the illegal proceeds of the suspects(defendants)in the event of abscond or death.The legal basis embodies the just principle of "no one can profit from crime".With the deepening of legislation and practice,the academic community has a wealth of research on the nature,scope and standard of proof of the procedure.But,domestic scholars pay less attention to the interested parties.However,the interested parties play a more important role in the process.This article looks at the perspective of the interested parties and studies and discusses this concept involved in this special procedure.In addition to the introduction and the conclusion,this article is split into following parts:The first one is the definition and scope of the confiscation of the interested parties in the special procedure for the illegal gains.Based on the relevant theories in civil and administrative fields,this article defines the interested parties from the concepts of "illegal gains" and "other estate involved",and at the same time we sort out the scope of the interested parties according to the relevant criminal legislation in our country.The second part is the confiscation of the legal status of the interested parties in the special procedure.First of all,from the perspective of legislation and academia,this article talks about the disputes and reasons for the definition of the legal status.Then on this basis,to distinguish different situations,this article makes a type-oriented analysis of litigation status of the interested parties.The third part is the safeguard of the rights of the interested parties in the special procedures for the confiscation of illegal gains.This article begins with elaborating on the necessity of safeguarding the value argumentation of the protection of the rights of the interested parties.And then it elaborates the contents of the rights of the interested parties with the relevant legislation and practice in our country and then analyzes the inadequacies in the current setting of the rights of the interested parties in the procedure.The fourth part is the perfection of the institution of confiscation of the interested parties in the special procedure for the illegal gains.This part firstly discusses the foreign legislation on the protection of the rights of the interested parties from the perspective of comparative law.Based on this,it puts forward its own suggestions on how to perfect the system of the protection of the rights of the current interested parties in our country.At the same time,it has drawn great attention from all parties to ensure that the legitimate property rights of the interested parties are effectively protected and remedied.