论我国违法所得没收程序之完善（英文）

作者：岳向阳; 石魏

来源：China Legal Science, 2018, 6(03): 128-143.

On October 31,2003,the United Nations General Assembly adopted the United Nations Convention against Corruption(hereinafter referred to as the Convention)to require the member states to take active measures to recover the proceeds of crime.China joined the Convention in 2005 and added the criminal assets preservation measures and the confiscation procedure for illegal income from criminal suspects and defendants who have escaped or died(hereinafter referred to as the confiscation procedure for illegal income)to the Criminal Procedure Law amended in 2012.This makes up for the system defects that corrupt officials cannot be prosecuted and the illegal income cannot be recovered,protects the interests of the interested parties,and lays the foundation for the effective execution of the property penalty after the judgment and the handling procedure of special"materials"by the prior control over the property involved.However,by investigating the application situation in recent years,it has been found that there are still some deficiencies in the confiscation procedure for illegal income,which needs to be improved to play a greater role in practice.