Research On The Applicable Standard Of Administrative Punishment Of "Confiscation Of Illegal Gains"

"Confiscation of illegal gains",as one of our country’s administrative punishment ways,is widely applicable in the field of administrative punishment,and directly involves the legitimate interests of the administrative counterpart.However,seen from some law enforcement cases,law enforcement agencies often have great differences on the nature,scope,applicable objects,calculation standards,pre-procedures and other issues of confiscation of illegal gains.On the contrary,the relevant legislation has not clear provisions on the scope,calculation standard and pre-procedure of "illegal income",thus causing system loopholes for different law enforcement organs to impose different penalties on the same matter,which may increase administrative counterparts’ dissatisfaction with the government and intensify social contradictions.Therefore,the problem of "confiscation of illegal gains" administrative punishment still has a large research space and research value.The administrative penalty mode of "confiscation of illegal income" should be restricted.Based on the analysis of the three key problems in the punishment of "confiscation of illegal income",this paper tries to put forward two aspects of the applicable standards and pre-procedure of the system improvement suggestions,these suggestions include unified identification standards of illegal income;Unify the calculation standards for illegal gains;We will improve the pre-payment system for returning illegal gains.