In practice, most of us have little contact with the confiscation of illegal income, so we don't know much about whether the confiscation of illegal income belongs to administrative punishment. I. Whether the confiscation of illegal income belongs to administrative punishment According to the Administrative Punishment Law and other laws and regulations, the confiscation of illegal income belongs to property punishment in administrative punishment, so it belongs to administrative punishment. Two. Types of administrative punishment The types of administrative punishment mainly refer to the specific disciplinary and sanction measures taken by administrative punishment organs for illegal acts. According to the Administrative Punishment Law and other laws and regulations, China's administrative punishment can be divided into the following categories: 1. Personal punishment, also known as freedom punishment, refers to the administrative punishment that a specific administrative subject restricts and deprives the perpetrator of personal freedom. This is the most severe administrative punishment. Personal punishment mainly refers to administrative detention and reeducation through labor. (1) Administrative detention. Also known as public security detention, it is an administrative punishment that a specific administrative subject deprives or restricts the personal freedom of citizens who violate administrative laws and regulations in a short time according to law. (2) Reeducation through labor. It refers to a kind of punishment and reform measures implemented by administrative organs for those who violate the law or commit minor crimes, but are not enough for criminal punishment and have the ability to work. 2. Behavior punishment, also known as ability punishment, refers to the form of sanctions that the administrative subject restricts or deprives the violator of specific behavior ability. It is a more severe administrative punishment measure after personal punishment. (1) ordered to stop production and business. This is an administrative punishment given by the administrative subject to the illegal acts of production operators. It directly deprives producers and operators of the right to carry out production and business activities. It is only applicable to the administrative counterpart who has committed serious illegal acts. (2) Suspending or revoking the license and business license. This refers to the certificate that the administrative subject revokes or temporarily detains the rights or qualifications of the violator to engage in certain activities according to law. The purpose is to cancel or temporarily suspend a certain qualification of the punished person and deprive or restrict the right of a certain franchise. 3. Property punishment Property punishment refers to the form of punishment that the administrative subject gives to the violator to deprive him of property rights according to law. This is the most widely used administrative punishment. (1) All right. It means that the administrative subject forces the actor to bear a certain obligation of money payment and requires the actor to pay a certain amount of money within a certain period of time. (2) Confiscation of property (confiscation of illegal income, confiscation of illegal property, etc.). ). It refers to the punishment method that the administrative subject nationalizes all or part of the illegal income, illegal property including contraband or tools for committing illegal acts according to law. 4. The application of disciplinary punishment, also known as spiritual punishment and honorary punishment, refers to the condemnation and vigilance given by the administrative subject to citizens, legal persons or other organizations for violations of administrative laws and regulations. It is a punishment that damages the offender's reputation, honor, credibility or spiritual interests. (1) warning. Refers to the warning or condemnation of the offender by the administrative subject. (2) informed criticism. It is a disciplinary measure for offenders in honor or credibility. Informed criticism must be conducted in writing and made public to some extent. 5. Behavior punishment, also known as ability punishment, refers to the form of sanctions that the administrative subject restricts or deprives the violator of specific behavior ability. It is a more severe administrative punishment measure after personal punishment. After introducing the types of administrative punishment, we can clearly know that confiscation of illegal income belongs to property punishment in administrative punishment, so confiscation of illegal income belongs to administrative punishment. Three. Legal characteristics of illegal income 1. Refers to the actor who obtains illegal income by means prohibited by law. If the actor obtains property through legal means or channels, it will not be included in the discussion of illegal gains. This fundamental feature of illegal income distinguishes illegal income from the actor's personal property, which is legally owned by the actor and can be used as the object of punishment measures such as fines and confiscation of property. 2. The fundamental reason why the actor with economic value obtains illegal income through various illegal and criminal means is that the actor pursues the economic value of these properties. Illegal income first refers to the material entity with economic value obtained by the actor through illegal means, that is, money and stolen goods, which is the most common form of illegal income. 3. The evidential value of illegal gains with evidential value refers to the close relationship between illegal gains and cases. Illegal income plays a role in proving the occurrence and severity of illegal activities, and property unrelated to illegal activities is not illegal income in the true sense.

Legal objectivity:

Types of administrative punishment in Article 9 of the Administrative Punishment Law of the People's Republic of China: (1) Warning and informed criticism; (two) fines, confiscation of illegal income and confiscation of illegal property; (three) the license is temporarily withheld, the qualification level is lowered, and the license is revoked; (4) Restricting production and business activities, ordering production and business suspension, ordering closure and restricting employment; (5) Administrative detention; (6) Other administrative penalties as prescribed by laws and administrative regulations. Article 74 of the Administrative Punishment Law of the People's Republic of China * * * Fines, confiscation of illegal gains or confiscation of illegal property auction proceeds must all be turned over to the state treasury, and no administrative organ or individual may intercept, privately divide or privately divide them in any form. Fines, confiscation of illegal income or confiscation of illegal property auction funds shall not be directly or in disguised form linked to the assessment and evaluation of the administrative organ and its staff who made the decision on administrative punishment. Except for those that should be returned or compensated according to law, the financial department shall not return fines, confiscated illegal income or confiscated illegal property auction money to the administrative organ that made the decision on administrative punishment in any form.