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违法所得没收程序是反腐败的重要法律制度,但在当前适用较少,理论研究也多限于立法建议。由“陈西受贿案”可以发现,违法所得没收程序在实际运用中暴露出诸多亟待解决的问题。当利害关系人参与违法所得没收程序时,其诉讼地位类似有独立请求权第三人,并享有一定的诉讼权利。其在违法所得没收程序中承担提出证据的责任,并有权申请启动非法证据排除程序。
The procedure of confiscation of illegal income is an important anti-corruption legal system, but less applicable at present, and theoretical research is mostly limited to legislative proposals. From “Chen Xi bribery case” can be found that the illegal income confiscation procedures in actual use exposed many problems to be solved. When the interested parties participate in the process of forfeiture of illegal income, their legal status is similar to that of a third party with independent claim and enjoys certain litigation rights. It has the responsibility to submit evidence in the forfeiture of illegal income and has the right to apply for the initiation of the procedure for excluding illegal evidence.