Abstract: The confiscation of illegal gains is a kind of “equal measures for quasi-improper gains” based on the coercive power of the state. For the normative purpose of completely depriving of illegal property， illegal income includes direct income， indirect income and their equivalent property. Due to the inherent structure and criminal policy of criminal syndicate nature， the return on investment of illegal income should also be deprived of. The objects of confiscation of illegal income include criminals themselves， accomplices， and third parties. The confiscation of accomplices should be based on the standpoint of “joint confiscation based on the power of joint disposition”. The confiscation of third parties should distinguish between the types of third parties and the legal effects of the relatedness of profits. In order to completely eradicate the economic basis for organized crimes of the underworld nature， while taking into account the needs of human rights protection， the principles of total confiscation and proportional confiscation should be adhered to.

Key words: the confiscation of illegal gains; undue enrichment; underworld organization crimes; joint confiscation; the confiscation of the third party; total confiscation