Confiscation of Illegal Income from the Perspective of Binary Attribute of Sanctions

Abstract

At present, the reason for the dispute about the nature of confiscation of illegal income in academic circles lies in the differences on the sanction of administrative punishment. The current legislation, which defines confiscation of illegal gains as administrative punishment, ignores the duality of sanctions. Confiscation of illegal gains is not a sanction in both property interests and spiritual interests, and does not belong to the scope of administrative punishment. The confiscation of illegal income should be regarded as an auxiliary administrative act in the administrative penalty system from the perspective of protecting the legal rights and interests of administrative relative parties and controlling the arbitrary risks of administrative organs.