Some Comments on the Criminla Proceeds Forfeiture Procedure in China——An Analysis Based on Some Related Provisions of the Criminal Procedure Law of the People's Republic of China(2012)
Abstract:Although the Forfeiture Procedure of Criminals’ Illegal Proceeds which prescribed in the Amendment of Criminal Procedure Law Of The People’s Republic Of China has much significance in settling the practical problems in China, there are some problems need to be discussed. It is unnecessary for the legislature to limit the scope in which the procedure apply with the graveness of the crime and the term of abscond. The legislature should have rationally allocate the burden of proof between the procurator and the claimer and define the standard of proof. For the sake of the enforceability of the forfeiture judgment, a systematic protective measures of property is necessary.
吴光升. 我国违法所得没收程序的若干检讨——基于2012年《刑事诉讼法》相关规定的分析[J]. , 2012, 1(3): 17-23.
WU Guang sheng. Some Comments on the Criminla Proceeds Forfeiture Procedure in China——An Analysis Based on Some Related Provisions of the Criminal Procedure Law of the People's Republic of China(2012). , 2012, 1(3): 17-23.