The Special Confiscation Procedures in the View of International Fugutive Repatriation and Asset Recovery:Legal Attributes, Scope of Objects and Proving Rules
LI Guanyu;LYU Mingli;
Special confiscation procedures are playing an important role in international fugutive repatriation and asset recovery. In terms of legal attributes, there is a disagreement between the theory of criminal proceedings and that of civil proceedings, but the former is more reasonable. In the process of determining"the assets that should be recovered", it is necessary to clarify the source of illegal property. The judges must not make sweeping generalizations on whether personal property used for offense should be forfeited, that depend on the degree of association with illegal earnings or criminal offences. The scope of certification can be interpreted extensively in a proper way. However,to coordinate with the"General Principles of Civil Law"is very important. Besides, the standard of proof should achieve a high degree of probability, which stands between the general standard of criminal proceedings and ordinary standard of civil proceedings.
【CateGory Index】： D925.2