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我国违法所得没收的特别程序规定的没收对象是违法所得及其他涉案财产,我国程序法规定的没收对象与实体法规定的没收对象有所不同,也与国际公约所规定的犯罪所得不一致。在分析违法所得与犯罪所得区别的基础上,认为我国刑事诉讼法新增违法所得没收程序的没收对象应该进一步明确和完善。
The confiscation targets stipulated in the special procedures for the confiscation of illegal profits stipulated in our country are illegal gains and other property involved. The targets of confiscation as stipulated in the procedural law of our country are different from the targets of confiscation prescribed in the substantive law, and also inconsistent with the proceeds of crime stipulated in international conventions. On the basis of analyzing the difference between the illegal income and the crime proceeds, it is considered that the object of confiscation of the new confiscation procedure of illegal income in China’s criminal procedure law should be further clarified and improved.