Research On Confiscation Procedures Of Illegal Income In China

Confiscation in traditional criminal procedure is usually based on conviction.If the guilt of the accused is not determined,the judicial organs cannot confiscate the illegal gains of the accused,leading to the escape and death of the accused,and the property involved cannot be dealt with in a timely manner.The judicial organ cannot confiscate the illegal income of the person when the guilt of the person has not been determined,this leads to the phenomenon that illegal income of the suspects and defendants who escape or die cannot be properly handled.In order to make up for the above defects,countries have established the procedure of confiscation of illegal income for specific types of crimes which can be used without conviction of the person.China also added this procedure when the Criminal Procedure Law of the People’s Republic of China was amended in 2012.The establishment of the procedure of confiscation of illegal income provides a legal basis for the work of the pursuit of stolen goods,cutting off the financial chain of criminals,and curbing corruption,bribery,terrorist activities and other crimes.However,because the regulations are still not clear and specific,on January 5,2017,the Supreme People’s Court and the Supreme People’s Procuratorate jointly formulated the "Provisions on the Application of Certain Questions in the Procedures for Confiscation of Proceeds from Violations of the Law in Cases of Criminal Suspects,Accused,and Death Cases "(hereinafter referred to as " the two High Provisions "),and apply to further improve the program.However,from the current judicial practice,the procedure does not seem to achieve the expected effect of the legislature and the judicial organs,the application rate has been not high.Moreover,from the cases published by the judicial organs,the types of cases initiated by the procuratorial organs for confiscation of illegal income are mostly death cases and domestic illegal income confiscation cases.At the same time,the revision of the Criminal Procedure Law of the People’s Republic of China in 2018 added the criminal trial procedures in absentia,making the two procedures of confiscation of criminal illegal income and criminal trial procedures in absentia stand in the criminal procedure law of China,which also led to the problem of the application of the two procedures gradually emerged.The thesis consists of introduction,body and conclusion,and the body is divided into four chapters.The introduction explains the background and significance of the research,the research status,the research methods,and the structure of the paper.The first chapter is about the procedure of confiscation of criminal illegal income.This paper discusses the meaning,value basis and legitimacy of the procedure of criminal illegal income through the concept,practical value and legitimacy of the procedure of confiscation of criminal illegal income.Chapter two is the legislative investigation and inspiration of procedure of confiscation of criminal illegal income of major countries in the world.Based on the investigation of the confiscation procedure of Major countries of Common law and civil law,this paper summarizes and analyzes the enlightenment of the legislation and judicial practice of procedure of confiscation of criminal illegal income from major countries of Common law and civil law to China’s procedure of confiscation of criminal illegal income.Chapter three and chapter four are the current situation,problems and improvement of the procedure of confiscation of criminal illegal income in China.Based on the analysis of the present situation of legislation and judicature in China,this paper summarizes the problems existing in the procedure of confiscation of criminal illegal income in China,and puts forward some suggestions for the improvement of these problems.The conclusion summarizes the whole paper,and summarizes and anticipates the development and research of procedure of confiscation of criminal illegal income in China.