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赃款赃物的独立没收制度相对独立于刑事诉讼程序或者并不以定罪为前提条件,并具有对物不对人、适用相对于普通刑事诉讼更为宽松的证明规则、注重保障第三者或者无辜者的权利和有专门的配套程序等特点。从有效规范我国赃款赃物处理方法、追回被犯罪者转移到国外的资产和落实条约义务出发,我国应确立独立没收制度并从实体法和程序法两方面展开。
The system of independent confiscation of illicit money and stolen goods is relatively independent of the criminal procedure or is not preconditioned for conviction. It also has the proof that rules are more lenient than ordinary criminal proceedings against those who misbehave and pay attention to protecting the third party or the innocent Rights and have a special supporting programs and so on. Starting from effectively regulating the disposal of stolen goods, recovering the assets transferred to foreign countries by offenders and fulfilling treaty obligations, our country should establish the system of independent forfeiture and start from substantive and procedural law.