Recovered Procedure On Proceeds Of Crime

For a long time,the judicial phenomenon of poorly recovering proceeds of crime detail has been widely criticized by people,especially in the case of corruptions.This is not only detrimental to the criminal prosecution process,but also greatly reduces the judicial credibility.The evil consequence of this phenomenon is that some criminals even can feel the illusion of retaining the high” criminal proceeds after criminal punishmentThe recovery problem on proceeds of crime detail relies on a complete procedure of recovered proceeds of crime.The procedure of recovered proceeds of crime runs through the whole process of investigation,prosecution,trial and execution of criminal lawsuits.Theoretically,it covers the sum of consecutive procedural steps such as discovery,seizure,preservation,identification,payment,and continuous recovery.At present,the Criminal Law and the Criminal Procedure Law are the basic laws of procedure of recovered proceeds of crime.There are problems with the core concepts and the imperfections of the relevant memorial procedures.The relevant provisions of criminal laws and regulations on criminal pursuits are scattered in various localities and departments.In the jointly enacted laws and regulations,there is a problem of overlapping content and lack of uniformity.The inadequacy of the legislation for the recovery of stolen goods has led to certain problems in judicial practice.This article takes procedure of recovered proceeds of crime as research object,and proceeds from the two aspects of legislation and corresponding judicial practice.It sorts out the procedural proceeds of crime and sums up experience in order to propose relatively valuable suggestions for the construction of the current procedure proceeds of crime.In addition to the introduction,conclusions,and references,there are four parts:In the first part,from the theoretical disputes concerning proceeds of crime,through the comparison of concepts,the connotations of procedures on proceeds of crime and the position of this article are derived,and through the comparison of other related concepts of ambiguity,the definition of proceeds of crime is defined,that is,public security.Judicial organs shall be responsible for crimes committed by criminal activities and their asphyxia according to legal procedures.The second part analyzes the deficiencies in the basic laws,namely,the Criminal Law and the Criminal Procedure Law,including the related laws and regulations.Then itspecifically expounded the problems in the judicial practice of procedure on proceeds of crime,such as the unclear allocation of the right to recover and dispose of stolen goods,the lack of program connection,and the lack of protection of the power remedy procedures.The third part is based on the problems in currently recovering procedures on proceeds of crime.A brief analysis of the reasons is given,such as,the design of the procedural law has the concept of re-conviction of crimes and the protection of assets,and the concept of illicit assets involved in practical problems caused by many state organs.The fourth part first elaborated on the legal principles that should be followed in the design of relevant money and money recovery procedures.The statutory principle,the principle of power remedy,and the principle of continuity of procedures have further illustrated the value objective of perfecting the recovery procedures for proceeds of crime,reducing crimes and protecting the rights and interests of related parties.Finally,in specific proposals,specific measures have been put forward for the design of fraud funds recovery procedures.First,it will improve the classification and distribution of responsibilities for stolen goods recovery procedures.Second,it will strengthen the protection of procedural supervision and relief procedures for stolen assets recovery procedures.Third,it will improve the judicial and administrative cooperation and convergence mechanisms of procedures on proceeds of crime.