Abstract:Evidence and proof of the confiscation procedure of illegal income are the biggest problems encountered in the operation of the procedure. The proof of the procedure includes proof of object, proof of responsibility and proof of standard. The object of the confiscation of the illegal gains shall include the fact that the property to be confiscated shall be included in the law and the property of the prospective property that is not attributable to the interested person, including the fact that the suspect, the died defendant, and property. The standard of proof of the confiscation of the illegal proceeds shall be discussed separately and the requirements of the different subjects shall be different. At the same time, the standard of proof of the confiscation of the illegal gains shall be discussed in stages. Different stages of development should adhere to different standards of proof. The procedure for the confiscation of the illegal proceeds shall establish the system of the burden of proof of the dual system, and the burden of proof in the confiscation of the illegal proceeds shall be based on the proof object and the system of the burden of proof of the different subjects at the same time.