The Differential Construction and Adaptation of Absentee Judgment and Illicit Proceeds Forfeiture Procedures——From the Perspective of Conserving Judicial Resources and Recovering State Assets
The absentee judgment procedure and the illicit proceeds forfeiture procedure have sig-nificant overlaps in their main functions and applicable subjects.However,behind this facade of compe-tition,there is a weak hierarchy in the scope and conditions of application,while there are essential dif-ferences in the nature of the procedures and the standards of proof.The absentee judgment procedure is a criminal action against a person,with the same standard of proof as ordinary cases;the illicit pro-ceeds forfeiture procedure is an action against property with strong civil procedure attributes,and has a relatively lower standard of proof.The aforementioned differences,especially in the standard of proof,provide an objective basis for the selection and application of procedures in judicial practice.On the is-sue of specific procedural selection,the procuratorial organ can construct a dual consideration model based on policy and law.In addition,the competitive relationship between the two procedures and the existing differences in the standard of proof also make them theoretically feasible for mutual conversion.Based on the current judicial practice and legislative status procedural conversion can be carried out af-ter completing the necessary conditions of each procedure which can not only save judicial resources and recover state assets but also help to"integrate the construction of the mechanism for pursuing,pre-venting,and recovering stolen goods".Based on the relationship between prosecution and trial,the sub-ject of the two procedures'conversion should be the procuratorial organ.
illicit proceeds forfeiture procedureabsentee judgment procedureaction against a personaction against propertystandard of proofprocedural conversion