关键词: 违法所得没收, 缺席审判, 追逃追赃, 监察程序, 《监察法》

Abstract: The confiscation clause of illegal gains in the Supervision Law is a concrete manifestation of the principle that no one shall gain benefits from their own illegal activities.Its value foundation is to prevent corrupt elements from benefiting from corruption,supplement the lack of conventional supervision methods,and strengthen international anti-corruption cooperation.From the perspective of attributes,the confiscation of illegal gains procedure only restores the state of interests to the security measures before the violation,and belongs to typical in rem procedures and absentia trial procedures.The application of the procedure for confiscating illegal gains must comply with specific requirements for the scope of charges,the status of the investigated person,the significant and complex nature of the case,and the need for further investigation,as well as the scope of confiscation of property.To ensure the legality and legitimacy of the confiscation process,it is necessary to strengthen the procedural control of three stages:filing an application for confiscation of illegal gains with supervisory organs,filing an application for confiscation of illegal gains with procuratorial organs to the peoples court,and conducting judicial review by the peoples court.

Key words: confiscation of illegal gains, trial in absentia, chasing and fleeing for stolen goods, supervision procedures, supervision law