On The Legal System Of Administrative Punishment For Confiscation Of Illegal Income In China

As an original legal concept in China,illegal income is widely used in civil law,criminal law and administrative law,and its importance is self-evident.Due to the different emphasis of various legal departments on illegal gains,from the professional point of view,this paper mainly studies and discusses the confiscation of illegal gains from the perspective of administrative law in the subdivision field.The provisions on confiscation of illegal gains in administrative law are mainly reflected in administrative punishment law,which should be treated with caution as a kind of administrative punishment with sanction nature.However,it is difficult to apply the provisions on confiscation of illegal gains in legislation and practice in a unified manner,lacking clear standards and operational procedures.The specific manifestations are as follows: the definition of illegal income is not clear,the identification standard is not unified,the specific system is not perfect,and the relevant procedures are not matched.The imperfection of legislation not only affects the harmony and unity of our legal system,but also leads to a series of problems in law enforcement practice and judicial practice.By clarifying the concept of illegal income,the legal characteristics of illegal income are summarized,and the relevant legal concepts are differentiated,so as to better explore the legal nature of illegal income.This paper analyzes the legislation,law enforcement and judicial status quo of the legal system of confiscation of illegal income in China’s administrative punishment,and summarizes its problems.It draws lessons from the similar administrative punishment system of confiscation of illegal income in China,and gets enlightenment from it so as to identify and calculate illegal income better.As a kind of administrative punishment,the administrative organ should strictly follow the basic principles of reasonable administration according to law and equal punishment when confiscating illegal gains.And in the legislative level,from the "Administrative Punishment Law" and department administrative law to improve the confiscation of illegal income administrative punishment legal system of the legislative system.It is supplemented by the application of relevant specific supporting systems,such as clarifying the identification standards of confiscation of illegal income,applicable objects,as well as the provisions of measurement period and procedure,and attaching importance to the coordination of confiscation of illegal income with tax system,fine and bona fide acquisition system.Some suggestions are put forward to perfect the administrative punishment system of confiscation of illegal gains in China and promote the harmony and unity of the legal system.