Research On The Procedure Of Confiscation Of Illegal Income By People's Court

Confiscation of illegal gains in the people's court is a special procedure in Chinese criminal proceedings.It is a newly established stipulation on the basis of considering juridical practice of China and learning from extraterritorial experience.However,many contents in confiscation of illegal gains are relatively principled and abstract.The study on confiscation of illegal gains starts from definition of the procedure property,defects of the procedure,lesson of the extraterritorial legislative pattern analysis and suggestion on improvement.Firstly,beginning with the legislative background in confiscation of illegal gains and combining with the domestic theoretical studies,the property of confiscation of illegal gains is analyzed,finding that the confiscation of illegal gains should belong to the criminal forfeiture procedure and it is featured with criminal default judgment and security measures.Secondly,on the basis of confirming the property,the author analyzes defects,especially for the substantive hearing,including insufficient court investment confiscation of illegal gains,unreasonable evidentiary rules,shortage of debate process,and imperfect sentence and system of punishment.The imperfect substantive hearing will directly affect legitimacy of procedure,thus it is necessary to sort out relevant legislative experience in various countries' confiscation of illegal gains.The author explores the approach to perfect the procedure from the perspective of the comparative method.For example,the author learns from the confiscation system of Anglo-American law system,absorbs the successful experience of continental law system in confiscation of illegal gains and finally summarizes relevant suggestion on confiscation of illegal gains in the people's court.It is suggested that the process of perfecting the confiscation procedure of illegal income in our country not only concerns the recovery and confiscation of the property involved,but also attaches importance to the conviction and sentencing of the defendant.Strengthen the trial of criminal facts,strengthen the court investigation,testify of proofs and forensic debate,fully guarantee the right of defendants and interested parties to participate in the litigation,construct a plurality of rules of proof,and deal with the causalities of criminal facts,illegal gains and criminal facts Relations,the claim of the interested person and other different facts to be certified,applying different standards of proof,introducing the procedure of trial of criminal default,increasing the application of the guilty proclamation and the penalty of the accused,and realizing the conviction and sentencing of the accused.