Research On Related Issues Of Confiscation Procedure Of Illegal Income In China

The settlement of the property involved has always been a difficult problem in the judicial practice.Meanwhile,as a borderline problem in the criminal law system,it has not attracted much attention from the academic and academic circles.But from the prevention and attack of crime,the confiscation of property can achieve the effect of some crimes.Confiscation of illegal income in 2012 of the criminal procedure law procedure legislation,confiscation of illegal income program applicable,applicable condition,the case shall be under the jurisdiction of,application,determine the subject,preservation measures,the announcement procedures,interested persons to participate in litigation,interpreted relief procedures,etc.,theoretical and academic circles based on the application of the program in the judicial practice,puts forward the problems existing in the application,mainly concentrated in confiscating procedure suitable scope and applicable object is not very clear,the application of the rules of evidence is not clear,right relief does not reach the designated position,etc.On January 5,2017,the supreme people's court and supreme people's procuratorate jointly formulated "about the criminal suspect or defendant escaping,death cases provisions on some issues of the illegal income confiscated program(hereinafter referred to as the regulations),to carry on further adjust the program and specifications.The entry into force of the regulations has achieved good results in China's judicial practice.However,due to the short time of the illegal income confiscation procedure,the practice experience is not mature enough,and it still needs to be perfected.This paper is divided into four parts.First of all,the article analyzes the status quo of the illegal income confiscation program in China.In the legislative standard,the scope of charge,the applicable conditions,the application procedure,the proof standard,the preservation measures and the right relief are introduced.And in the aspect of judicial operation,this article from the case scope,prove standard,in the case of property and rightremedythis four aspects,summarizes the people's court has published case reflects some of the features.Secondly,through the analysis of the current legislative norms and judicial operation in China,some problems still exist in China's regulations and application.For example,the nature of the confiscation procedure is not uniform,the proof standard is difficult to measure,the main body of the procedure is too simple,and the security measures are difficult to implement.Thirdly,this paper,taking the four representative countries of the United States and Germany as the perspective,explains the system of illegal income confiscation of the two law systems,and summarizes the enlightenment of perfecting the program in China.Finally,the article focuses on the problems existing in the application of illegal income confiscation procedure,and puts forward four Suggestions.Although the illegal income confiscation procedure in China is different from the ordinary criminal procedure,it is a criminal procedure in the nature of the existing judicial environment and background.In the proof of standard,China should adopt the proof standard of "proof of criminal facts" in the cognizance of the crime in the litigation stage;On the cognizance of the property involved in the issue to adopt dualistic proof standard,in view of the procuratorial organs and the interested party is the subject of the two different for different proof standards,in the fight against crime,protect citizens' property rights.In addition,the illegal income confiscation program in our country should constantly enrich the program launch subject,construct an effective comprehensive coordination mechanism,and establish diversified property preservation measures.