| The recovery of criminal illegal proceeds not only involves the property rights of the state and third parties,but also has the effect of preventing crimes.At present,the Criminal Law and the Criminal Procedure Law,which are the basis for the recovery of illegal income,have problems such as vague definition of the concept of recovery,lack of recovery procedures for illegal income,and lack of relevant recovery relief.Therefore,it is very urgent and necessary to examine the judicial interpretations of confiscation and confiscation and the status quo in judicial practice to clarify the true meaning of the two.Recovery refers to the public security and judicial organs in the criminal proceedings of the offender’s criminal acts or obtained as a result of the criminal act,as well as the property obtained as a remuneration for the criminal act,through sealing,freezing,seizure or other means,and then turning it over to the state treasury or refunding compensation.Substantive final punishment of the victim.Its significance lies in restoring national losses and victims’ losses,punishing and preventing crimes,and no one can benefit from violations of the law.The recovery procedure is different from the confiscation procedure of criminal suspects and defendants in terms of conceptual self-consistency and practical needs.Through the analysis of the recovery phenomenon in judicial practice,we find out the judicial dilemma of recovery of criminal illegal income,which is confused with confiscation,seizure and other measures,the procedural law and the substantive law are insufficiently connected,and the legislative contradiction in the recovery of illegal proceeds has been found in practice.To explore the abuse.In order to solve these problems,establish a procedure for the recovery of illegal income.Under the guidance of the principle of appropriateness and the principle of prudent and meticulous recovery,the people’s court is determined to be the subject of recovery.According to the recovery procedure,grasp the timing and method of recovery,clarify the object of recovery of illegal income and standardize Recovery of relief,to achieve the purpose of standardizing recovery of illegal income,standardizing the scientific use of legal language,and eliminating confusion in judicial practice. |
