Research On The Confiscation Objects In The Confiscation Procedure Of Illegal Income

With the development of society and the improvement of economy,major crimes such as terrorist crimes,corruption and bribery crimes at home and abroad have become more serious,and it is more difficult to fight such crimes,especially when the suspects escape or die.Ordinary criminal proceedings are generally difficult to carry out,and the property involved cannot be processed.Therefore,under the guidance of the international conventions of the United Nations system,China 's “Criminal Procedure Law” was revised in 2012 to formulate special procedures aimed at resolving such problems,namely “confiscation of illegal gains from criminal suspects,defendants escaping,and death cases."Procedure",with a view to resolving the attribution of the property involved in the absence of the case,and the Supreme People's Court and the Supreme People's Procuratorate have formulated relevant judicial interpretations in the follow-up to further improve the procedure.However,regarding the object of confiscation in this procedure,the legislative provisions are relatively sloppy,and are only stipulated as illegal income and other property involved in the case.Although the judicial interpretation further improves the identification of illegal income,it is still insufficient.Therefore,this article takes the object of confiscation as the research object.Based on the analysis of China's current confiscation object of illegal income confiscation procedures,on the basis of the legislative status quo and insufficient practice,it provides suggestions for improvement,and further clearly defines the scope of the confiscation object.The structure of this article consists of an introduction and a main text.The main content of the introduction is to introduce the research background and research objects of this article.The main text consists of four parts.The first part is an overview of the confiscation procedure for illegal gains.It mainly focuses on the concept,nature,characteristics and significance of the procedure.Briefly elaborate,clarify the relevant basic conceptual issues of the program,and pave the way for the research that leads to the subject of confiscation.The second part is the comparative law investigation of relevant systems in other countries or regions.The main content is to investigate the relevant laws and regulations on confiscation objects in the confiscation process in the United States,Britain,Germany,France and other countries and Taiwan.The types and scope of confiscation objects are compared and analyzed in order to provide relevant reference for the improvement of confiscation objects in China.The third part is the status quo and deficiencies of relevant legislation and practice in China.The main content is based on the summary of the relevant regulations on confiscation objects in China,combined with practical cases,pointing out the deficiencies of confiscation objects,such as illegal income The question of how to confiscate property and income after transformation and transformation,the question of whether confiscated goods can be confiscated when they are legally occupied by a third party,and whether the property used for crime can confiscate others 'legal property.The fourth part is the reform and improvement of relevant legislation in China.The main content is to provide relevant improvement suggestions for the deficiencies of the confiscation object on the basis of the summary above,that is,to further perfect the confiscation rules of illegal income,such as distinguishing confiscation derivative income,establishing Obtaining the system in good faith,adding an equivalent confiscation system;excluding the confiscation of prohibited goods by a third party in accordance with the law;and perfecting the confiscation rules for the property used for crime,that is,to distinguish who owns the property used for crime,and consider the implementation of the property Whether the crime has directness and specialty,comprehensive analysis and improvement of the confiscation rules of the property.