Research On The Proof Of The Confiscation Procedure Of Illegal Gains

Prior to 2012,since the conviction and confiscation of illegal proceeds were not provided for by law,and there was no legal basis for the confiscation of illegal proceeds of fugitive criminals,judicial assistance for the recovery of international assets had been in a passive position for a long time,and it was difficult to recover a large number of illegal criminal assets illegally transferred abroad.A fundamental principle of natural justice is that criminals are not allowed to enjoy the proceeds of crime for the purpose of preventing crime or for the sake of fairness and justice.If the property of a criminal suspect or defendant who absconds or dies is not properly handled,it will lead to huge losses of the state and confusion of social order.To this end,the 2012 Criminal Procedure Law has,in line with the development of the times,added special confiscation procedures for the escape and death of criminal suspects and defendants.The specific handling of property involved in cases of corruption such as embezzlement and bribery aims to solve the cases in which criminal suspects or defendants are unable to institute criminal proceedings due to absconding or death due to embezzlement and bribery crimes.The solution of the procedure of confiscation of illegal gains is of great significance in solving the dispute of property rights and the final disposal of property,which is beneficial to the protection of the legal property rights of citizens and the fight against crimes.This article mainly from four parts to the illegal income confiscation procedure proof question carries on the research.Firstly,this paper introduces the importance of proof in the procedure of confiscation of illegal proceeds,which shows the significance of proof to the procedure of confiscation of illegal proceeds.Secondly,in the second part of this paper,the operation of the confiscation of illegal proceeds procedure is studied.Through the introduction of the case,the main scope of the confiscation procedure is found out.In order to solve the above problems,the third part of this paper studies the extraterritorial law,in order to provide extraterritorial experience for solving our country's illegal proceeds confiscation procedure.In the last part of this paper,the author puts forward some suggestions for the proof system of confiscation of illegal proceeds,that is,the scope of the proof object should be defined,the burden of proof should be divided reasonably and different standards of proof should be divided according to different responsible subjects.