The Protection Of The Interests Of The Stakeholders During The Procedure Of The Confiscation Of Illegal Income

If a criminal suspect or defendant escape or die,the recovered the money gained by the stolen goods when there is no legal basis,but the presence of the illegal gains confiscated program changed this dilemma,in order to further save state or the victim's loss provides legal protection.The program has so far achieved great results,and has a strong deterrent effect on criminals and potential criminals who take chances.In the illegal income confiscated in the process of the program is running,while the legislature has been perfecting the relevant legal norms,but still has exposed many problems,especially for the rights protection of the stakeholders.The interested party in the opposition position of the people's procuratorate shall not only bear some of the burden of proof similar to the defendant,but also enjoy the right to be less than the people's procuratorate.In view of the above situation,this article based on the legal provisions on the interested party,under the condition of the cases involved in the illegal income confiscated were analyzed,and find out the process of related problems and solve them.This paper is mainly divided into the following four parts:The first part is mainly to clarify some basic theories related to interested parties.First,the scope of interested parties is clearly defined,mainly including close relatives,ownership and ownership,and restriction of property rights.Then according to the different advocate for the rights of stakeholders for its litigation status,claim of ownership or right of common stakeholders its litigation status of the parties,advocated the principle of the interested party in its litigation status similar to the civil procedure law without independent right of claim of a third person.In addition,the author analyzes the theoretical basis of the application of the procedural principle and the proof rule,so as to make it more secure in the litigation.The second part introduces the status quo of legislation and practice of illegal income confiscation procedure.In the legislative aspect,it mainly introduces the application scope of the case,the connotation of illegal income,the form of public announcement and the standard of proof.In practice,the application of this procedure is explained by the participation of interested parties in relevant cases and the explanation of the two typical cases of ren runhou and Chen xi.The third part mainly discusses the problems associated with stakeholders and the analysis of the causes of the problems in the illicit gain procedures.The main problems are as follows:The litigation participation of interested parties is not sufficient,mainly in the absence of the right to know and the absence of legal aid;The problem of the identification and calculation of the property that needs to be confiscated,such as illegal income;The question of proof;There is also the issue of insufficient relief for the interested parties.The reasons for these problems are mainly explained in terms of legal provisions,the legal status of the interested parties and supporting measures.The fourth part puts forward some Suggestions for improvement in the third part.First of all,it is necessary to ensure that interested parties participate in the litigation,give the interested parties the right to know and provide legal aid before the trial,and guarantee the right to participate in the proceedings.Secondly,in the case of confiscation of objects,the benefits obtained through honest labor should not be confiscated,and a certain fine can be imposed.Contraband should be confiscated even if it is not contraband.The calculation of illegal income should exclude the cost of the crime,the "equal amount" confiscation,and the "lower limit" as the basis for the confiscation.Again,in terms of proof,to prove that the object,according to the division for the claim of the property involved in the need to prove the legal source of finance,by the judicial authorities asked the ownership of the interested party may start the illegal evidence exclusion program and to provide evidence of torture;For the proof of responsibility,it is necessary to reasonably divide the proof responsibility of the interested party in the crime of large amount of property.The people's procuratorate and interested parties shall adopt different proof standards for the relationship between the facts of the crime and the property involved in the proof of standards.Finally,the rights of the interested parties are improved,including the right to dissent,the right to appeal to the interested parties,and the right to apply for state compensation.