当前位置: 首页/Home > 科研成果 > 论文发表 > 正文

Yao Xiansen:On the Proof System of Gang related lllegal Property

时间:2023年04月15日       作者:        来源:

The Anti-0rganized Crime Law establishes a relatively independent property certification system forgang-related violations. The system takes the proceeds of gang-related illegal activities and their fruits and profits asthe object of proof. Meanwhile, it requires the defendant to bear the obligation of explanation of legal source ofproperty on the premise that the public prosecution party has fulfilled the burden of proof of gang-related illegaproperty through conditional transfer of proof burden. Furthermore, the system introduces the high possibility proofstandard, requires dialectical treatment of the relationship between the proof standard and the defendant’sexplanation of the legal source of property, and details the relative standard of explanation and the specific situationof cannot explain. Moreover, in order to identify the illegal facts related to gang-related property and dispose of theproperty according to law, the system requires the establishment of relatively independent certification procedures,appropriate participation of victims and third parties in the process of the evidence presentation, cross-examinationand certification.