| In the revision of the 2012 version of the criminal procedure law,the content of the special procedures has been added.At the same time,new measures have been taken to deal with the property of the interested parties,and the procedures for the confiscation of illegal income have been further improved.Then in 2017,the Supreme People's Procuratorate and the supreme law promulgated a new judicial interpretation on the procedure of confiscation of illegal income,which increased the way of participation of interested parties,furthe r improved the system and enforceability of the procedure of participation of interested parties,improved the original system and system of the procedure of confiscation of illegal gains,and ensured people's legitimate property to a greater extent property right.Based on the theory of safeguarding property rights and procedural justice,this paper analyzes the relevant provisions of foreign countries,the practical operation and laws of our country,combined with the problems and legislative provisions of stakeholders in practice,and determines that the legal status of stakeholders in the process of illegal income confiscation is not clear and the right of participation is not clear Some problems such as imperfect procedural guarantee,insufficient protection of the right to know,problems of proof,etc.are put forward,such as clarifying the status of the stakeholders in the illegal income confiscation procedure,protecting the right to know of the stakeholders,designing the property preservation system,property custody system and investigation supervision system in the participation procedure to protect the stakeholders' right to participate,the burden of proof and the standard of proof The quasi problem puts forward suggestions to make the special subject of the interested party participate in the confiscation of illegal income more perfect,more operational,and better protect the property rights of the interested party. |
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