Research On The Confiscation Of The Follow-up Income Of Criminal Illegal Gains

The recovery of illegal income and its proceeds has always been a hot issue currently discussed.The confiscation of illegal income is related to the overall situation of curbing crime and maintaining social stability,as well as the protection of property rights as the basis of human rights.However,regarding the scoping of the illegal income at the confiscation level,the academic circle has a broad sense and a narrow sense.There is no consensus yet: in a broad sense,the illegal income at the confiscation level includes both direct illegal income and indirect illegal income,and narrowly said that the confiscation level The illegal income only includes direct illegal income.Therefore,the connotation of the illegal income and the extension of the legal definition are vague and flexible,and thus extend the discussion on the definition of the scope of derivative income.In addition,the confiscation of proceeds from illegal gains is also controversial: there are opinions that should be confiscated,and there are opinions that should be restricted,but there is no final conclusion on how to limit them.In the judicial practice,the local case-handling agencies have different understandings and confiscations for the definition and confiscation of illegal incomes,which have different impacts on the interests of the parties.The resulting disputes have even become an important reason for the parties involved in the petition.In view of this,although the derivative income of illegal income is not a criminal term in the strict sense of the law,its definition of connotation and the refinement of specific confiscation rules have become one of the problems that criminal law theory and practice should urgently solve.Taking the enrichment and improvement of criminal law theory as the starting point,or focusing on strengthening judicial practice,it is particularly important to define the derivative income of illegal income and the analysis of the confiscation rules.The derivative income in violation of the law is extremely complicated.Therefore,when discussing this issue,this article focuses on the research method that combines speculation and empirical research,based on the four-in-one perspective of legislation,justice,policy and theory.On the basis of the research status and practice of the derivative income of illegal income in China,we try to provide new ideas for the improvement of the rules for the divestiture of illegal income.Specifically,the system design should be carried out in two dimensions: scoping and confiscation rules.On this basis,this article first defines the concept of illegal income and subsequent income from illegal income,and concludes that when discussing the issue of confiscation and recovery within the scope of criminal law,the scope of illegal income is roughly the same as that of criminal income;Then,by analyzing the current specific laws and regulations on the recovery of illegal income in the country and specific judicial practices,it is concluded that the current legal regulations on the follow-up recovery of illegal income in my country are ambiguous and not complete enough.Finally,this article proposes that when constructing the confiscation rules for the subsequent proceeds of illegal gains,the method of obtaining the subsequent proceeds,the nature of the first illegal behavior,and the impact on the social and economic development should be considered as elements,and specific confiscation rules should be constructed on this basis.That is to say,the follow-up income generated by the illegal income under a single capital element should be confiscated,and the follow-up income generated by the combination of capital and other production elements should be discussed on a case-by-case basis.