Analysis Of Legal Issues In The Determination Of Illegal Income In Administrative Punishment

The legal concept of illegal income appears frequently in the laws and regulations of our country,and it is widely used in law enforcement practice.In practice,it is determined that the illegal income adopts different standards,and their effects as an administrative punishment are different,and it is necessary to sort them out systematically.However,from the perspective of the current legislation of administrative punishment,the existing laws and regulations do not give a very comprehensive and accurate explanation to the concept of illegal income,which makes the identification standard of illegal income in the practice of law enforcement unclear,resulting in a deviation in the results of the application,resulting in a series of negative evaluation.Therefore,how to clarify the concept of illegal income,unify the identification standard of illegal income,and make the relevant provisions applicable to illegal income more standardized and reasonable,it is particularly important to carry out in-depth interpretation and systematic research in theory and practice.Specifically,this paper intends to analyze and study the legal issue of the identification of illegal income from the perspective of administrative punishment,which is divided into three parts.The first part,mainly aiming at the concept of illegal income,combs the views of different scholars at present,and makes it clear that the connotation of illegal income is the monetary income after deducting costs obtained by the actor through illegal behavior.And on this basis,analyze the legal characteristics of illegal income,and further compare the difference between illegal income and other related concepts.The second part,based on the existing research,summarizes the current status of the determination of illegal income in administrative punishment of China from the perspectives of theoretical theory,application of judicial decisions,effectiveness levels of interpretation documents and legislative performance,and discovers a series of Disadvantages.The third part,based on the foundation laid in the previous research,first of all,advocates that the point of view of profitshould be used to clarify the legal meaning and recognition standard of illegal income.Secondly,for the specific problems of adopting the "profit theory" for the determination of illegal income,put forward corresponding perfect countermeasures to facilitate the application of confiscation of illegal income.Finally,clarify the legislative method of the determination of illegal income.