Interpretative Theory of the Legal Refund System in the Penalty of Confiscation of Illegal Income
The construction of legal refund system in the punishment of confiscation of illegal in-come is effectively compatible with public and private interests,which is a response to the practical needs of public law and private law,and its theoretical basis lies in the value concept of priority pro-tection of private rights and the idea of"the state does not compete with the people for profits".There are three conditions for the application of the legal refund system:the existence of competing legal liabilities,the existence of illegal proceeds,and the fact that the parties concerned should bear property civil liabilities in accordance with the law.The value of the refund system in promoting the modernization of the national governance system and governance capacity is mainly manifested in the following:embodies the people-centered rule of law concept,the implementation of the principle of proportionality,strengthened the principle of fairness of administrative penalties and the realiza-tion of the optimization of the business environment is an important measure.From the viewpoint of logical relationship,the system of refund according to law is not the confiscation of illegal income of the antecedent administrative procedures,the party according to law to refund the amount of money is the confiscation of illegal income of the factual constituent elements,which directly affects the confiscation of illegal income of the legal effect of punishment.Through the improvement of the ad-ministrative penalty processing time limit suspension system and ex officio administrative mediation embedded in the administrative penalty procedure is conducive to the direct implementation of the refund system and to ensure the legality of the confiscation of illegal income penalties,and finally to improve the procedures of the financial sector to return the money to give full play to the financial sector to return the money to the system's function of the bottom-up and complementary.
Refund According to LawConfiscation of Illegal IncomeConnotationValue Impli-cationImplementation Path
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NSTL
万方数据
维普
