In the recent ten years,Orifices in governments and state-owned enterprises high some corrupt officials started to flee the country has become the people cherish an undying phenomenon. These corrupt officials using their power,Mad grab national wealth and quietly transferred abroad,As soon as you feel One's criminal conspiracy was unmasked,According to the plan the route to personal evaporation,Abscond abroad,Continued the sky drunken life. Therefore,The central continue to introduce and improve various rules officials honest construction related,Including the "naked official",The family moved to foreign countries,Rules alone at home to an official strict management,But with little effect. According to a set of data the latest disclosure,The central bank cited research data China Academy of Social Sciences said: "from the last century since the mid ninety's.,Flight leaders,The public security, judicial cadres and state enterprises, top managers in state-owned enterprises,And overseas Chinese airport flight, up to the number of missing persons16000People to18000People,Carrying amounting to8000Billion yuan." This is really a group of strike the eye and rouse the mind digital,Corrupt officials are furious? While the corrupt measures and how weak and helpless?

What is the reason? Because of China's current criminal procedural law of trial by default of the defendant has no legal support. Corrupt officials fled with money to not look back,How then can stand to the bench on which the court? Not to mention the articles of illegal property,But if there is no legally identified as illegal property case,Even under the "United Nations Anti-corruption Convention",China requests the State Party to recover corrupt assets,Corrupt officials to extradition,Because of the lack of legal documents,Corrupt officials in the government has potential for a variety of reasons and refused to cooperate with the,Our government can only hope to sigh and feel helpless. Corrupt officials are the drilling legislation defects of this loophole,Before the formation of corrupt officials started flight and often successful this one major problem.

8Month30Day,The "Standing Committee of National People's Congress of the people's Republic of China criminal law amendment draft" published on the Internet,Open to the community to solicit opinions. Procedure law amendment draft was published online immediately caused a great disturbance,Benevolent see benevolence, the wise see wisdom,But many of the comments focused on the legitimate rights and interests of rights and safeguarding the defendant's lawyer. These observations are not without a high perspicacity,But many scholar discussion. Nowadays, in many transition market many aspects of,Cause people moral concept missing,Non confusion of ideas,Excessive emphasis on criminal suspects people power will result in lack of evidence and cannot be convicted. Just as too much emphasis on respect for human life,To behave in a vicious and unrestrained way cannot be executed,Result justice cannot stretch as. Traditional ethics China is fastidious about the "karma",A life for a life, in pay,For justice,Even if the world law can't punish crime,People hope and longing "day of retribution". The law is the most people in society for the common people's behavior,Eating the bread, and drank ink,With the legal provisions of Western society to correct China law,Requirements Chinese law completely to move closer to the western countries,This is bad,This is cut one's feet the Procrustean bed,Is out of the Chinese specific, special conditions.

In my opinion,The core contents of the criminal law amendment,Is the97Article,Add a chapter,As the fifth parts with third chapters: Chapter third ",The suspect, the defendant, escaping death cases of illegal income confiscated program". "Article277For the crime of corruption and bribery, crime of terrorist activities and other major crimes,The suspect, the defendant fled,In the year after not wanted to,Or a criminal suspect, the defendant's death,In accordance with the provisions of the criminal law shall be recovered and the illegal income and other properties involved in case,The people's procuratorate can put forward to the confiscation of illegal income shall apply to the people's court". In this chapter and stipulates the confiscation of illegal income procedure,And the suspect, relatives, other interested parties have the right to apply to participate in the litigation rights,At the same time, also can entrust agents ad litem to participate in the proceedings.

It is interesting,With a large sum of money to corrupt officials abscond abroad,After the public security departments of economic investigation for reconnaissance searching for evidence,Because the suspect has been exposed,Illegal property so the corrupt official is not difficult to find the evidence,The relevant personnel involved in the corrupt officials has lost use value and are able to seek truth from facts to provide evidence,So the chain of evidence is easily formed. Check the hospital after receiving the reconnaissance department economic security after material,File a lawsuit to the court by the public prosecutor,The confiscation of illegal income. Court case,Corrupt officials will not return to court for their own defense,Most can only hire a lawyer in court,While the lawyer even to fight this lawsuit,But because the suspect is not at home,A lawyer may not fully communicate everything and parties,So the defense lawyer court must be feeble and Its loopholes appeared one after another.. The court's decision and therefore easier to make,As to the illegal income corrupt law,The formation of legal documents,And according to "the United Nations Anti-corruption Convention" to corrupt officials abscond state requests for the extradition of suspects and to trace the illegal property.

Of course,On the basis of the illegal income of legal documents to corrupt officials to recover is one thing,It is another thing back to back. But even with corrupt officials fled the country of residence can refuse to extradite the suspects and the illegal property in the name of political and human rights,China government can still for the corrupt and illegal property declared China's state-owned assets,And enjoy unlimited recourse in law. Even if the criminal suspect to death,The children of the inherited but also the law has clearly,But take Yao as a suspect in the state-owned assets. That is to say,Anyone who inherits this property and the law of inheritance certification at the same time,Also bear the return of state-owned asset obligation,People don't die,The corrupt official children will back the responsibility. These people will never again set foot on the land of China,The entry is in prison,Could not use their illegal assets to engage in trade and Chinese,Once found,Can enter asset tracking program,How much the confiscation confiscation. So,I think in the future where the planned flight of corrupt officials,And have the flight of corrupt officials,Have to be carefully think over,The children after the inheritance of illegal property should also be careful,Not only Chinese can't go back,Associated with China business also get away,In case the person was arrested, asset forfeiture. Live so tired? Corrupt officials still do not run?

So, I think the criminal procedure law revised core point is to perfect the criminal procedural content,Blocking of the corrupt officials and feel helpless vulnerability. We used to do more articles from the ideological education and management of cadres,But the practice has little effect,Corrupt officials increasingly,So it must be from the judicial approach to governance this problem. Some people think that corrupt officials confiscated illegal assets is "revolution","Affected children",I think the criminal offences involving the family can be called "revolution",Modern civilization is not permitted. But the inheritance of the other is a concept,If a clear legal property,The inheritance of illicit assets in itself is not legitimate,Confiscation of illegal property is clear property ownership of legal act. Moreover China people value family relationship,Some criminals in prison and take risks, capital Y,To earn a substantial posterity's house. The illegal gains confiscated criminal suspects,Even fled abroad and death to her,Fu and sons, forget it,Only the affected children,This will stop the gate of life,It will produce the actual of anti-corruption role.

Effect of what? We also need to slowly see,And also subject to all sorts of interference and influence,China characteristics,True to the strict execution must have a process. I write this blog only on the understanding and analysis of the revised Criminal Procedure Law,Said is the truth.