Identification And Disposal Of Property Involved In Illegal Fund-raising Crimes

There is no specific definition of the property involved in our law,the property involved is more stipulated in relevant regulations and judicial interpretations,because of its different definitions,the judiciary is often confused with stolen money,evidence,and seized goods.The theoretical circles define different perspectives on the property involved,mainly including the perspective of evidence and the perspective of enforcement.Scholars' views actually represent two different values of procedural law and substantive law,one is to ensure the smooth progress of criminal proceedings,and the other is to ensure the enforcement of judgments.Illegal fund-raising crimes should be defined in accordance with Article 64 of the Criminal Law of the Substantive Law,which mainly refers to illegal income,criminal tools and contraband.Among them,contraband is rarely involved in illegal fund-raising crimes.in practice,there are various forms of illegal gains,which are often mixed with legal property.Judicial organs should comprehensively consider the principles of legality and equivalence.Illegal fund-raising activities often rely on the name of the unit.In order to correctly determine whether the unit is a criminal tool,it should be identified from two aspects that have significant relevance to the outcome of the case and specific requirements.The situation of illegal fund-raising crime is getting more and more severe.Disposal of the property involved in the case is related to social stability.In addition,the criminal procedural model is time-consuming and the disposal power is single.As a result,the administrative and criminal disposal models are in parallel in practice.The measures for disposing of the property involved in the crime of illegal fund-raising are mainly stipulated in Article 64 of the Criminal Law,including recovery,ordering refund and confiscation.According to the provisions,recovery is a procedural measure,not a physical disposal measure.The recovered property also includes legal property,and it should be returned.Order refund and recovery are in a side-by-side relationship.It is only applicable if the original is used,destroyed or squandered.It is a relief measure.the confiscation of Article 64 of the Criminal Law is a special criminal confiscation.It is different from criminal confiscation.It has the function of prohibiting the abuse of property rights and safeguarding public interests.In practice,the identification of the property involved in the crime of illegal fund-raising has an expanding trend,which is mainly reflected in: the investigating agency did not seriously review the property involved,and the legal property was seized,which led to the expansion of the identification of the property involved in the crime of illegal fund-raising.taking the crime of illegally absorbing public deposits as an example,Judicial determinations and legislative purposes are different,leading to the identification of private lending as a crime of illegally absorbing public deposits,making the identification of the property involved inappropriately expanded.In terms of disposal,some investigating agencies did not accurately understand the application of the provisions of advance disposal,which led to the blurring of the requirements for advance disposal,which led to a large number of properties involved in the case being disposed of illegally.Before the criminal case was filed,the victim had obtained and entered into force a civil judgment,and even executed it,which resulted in the competition between criminal reimbursement and civil execution.Due to the lack of legislation,the practice was different.in practice,there is a chaotic situation in the subject of the disposal of the property involved in the crime of illegal fund-raising,which mainly includes chaos between administrative agencies and courts,and chaos between courts and investigative agencies.In order to better identify the property involved in the crime of illegal fund-raising,we have established a judicial review system for the property involved in the procedure,supervised the investigation,and effectively performed the duties of examining the ownership of the property involved in the case.The essence of illegally absorbing public deposits and private lending boundaries lies in crime and non-crime.Judiciary agencies must accurately understand the illegality of the core elements of the application of the two boundaries,which are mainly considered from the two aspects of deposits and the purpose of deposits.In order to improve the pretrial disposal system for illegal fund-raising crimes,consider the foreign legislative experience and the independent review status of Chinese pro-curatorial organs.Establishing a pro-curatorial organ approval system can regulate investigative organs to apply the chaos of prior disposal at will in the early stage.In terms of specific judicial operations,the antecedent disposal procedures are detailed from the threethe procedures to enhance the operability of the system,which can maximize the benefits of the property involved in the cases in accordance with the antecedent disposal conditions and improve the settlement rate.In order to properly deal with the issue of criminal reimbursement and civil execution competition when criminals and people cross,based on the status of legal execution order and illegal fund-raising crimes,it is difficult to make up for the losses of all victims and civil creditors.In principle,applying criminal reimbursement has become a reasonable choice for victims and courts.in cases where the funds for criminal execution are sufficient to compensate all the victims,the victims are given the right to choose by themselves and the victims' rights in civil judgments are protected.in order to solve the chaotic situation of the main body of the property involved in the illegal fund-raising crime,the court should make clear the judicial disposition of property involved in illegal fund-raising crime,which mainly proceeds from the disposal mechanism and disposal principle.in terms of resolution mechanisms,according to the provisions of the legislative level,the background of professional legal knowledge,and the distribution of functional powers,the court-led mechanism for disposing of property involving illegal fund-raising crimes is an appropriate choice.the judiciary should comply with this requirement.At the same time,due to the numerous procedures and long time to dispose of the property involved in the crime of illegal fund-raising,the court should follow the principle of openness,maximization of economic benefits and timely protection.the court should make great efforts to realize the illegal goods and return the illegal money.