Research On The Legislative Perfection Of The Identification And Disposal System Of Property Involved In Criminal Cases

The concept of property involved in criminal cases should be defined by the unity of substantive meaning and formal meaning.The property involved in criminal cases refers to all kinds of property and articles that are related to the facts of criminal cases,can be used to prove the facts of criminal cases,or related to the property disposal results of criminal cases,need to be used to compensate the losses of victims or pay property punishment,and should be sealed up,detained,frozen and other disposal measures taken by judicial organs.The identification and disposal of property involved in criminal cases need to solve the problems of what kind of property belongs to property involved in criminal cases,how to define all kinds of property involved in criminal cases,and what disposal measures should be taken in the process and outcome of handling cases.The recognition of criminal law and the rule of law is an interdisciplinary field of criminal procedural law and criminal law.The property involved in criminal cases has the procedural functions of proving criminal facts,preserving evidence and ensuring execution,as well as the substantive functions of punishing crime,safeguarding society and protecting the rights and interests of victims.The contemporary value orientation of the identification and disposal system of property involved in criminal cases shows three development trends: from "valuing personal light property" to "paying equal attention to personal and property",from paying attention to punishing crime to the combination of punishing crime and protecting property rights,and from paying attention to substantive justice to the combination of substantive justice and procedural justice.China’s legal sources on the identification and disposal of property involved in criminal cases are quite complex,involving a large number of normative documents,including both substantive law and procedural law,both laws and policy provisions,departmental rules and a large number of judicial interpretations.However,a large number of normative documents are only an inefficient "prosperity" and have not brought good practical results.China’s current legal system on the identification and disposal of property involved in criminal cases has many deficiencies.The main manifestations are: the scope of property involved in criminal cases is not clear,and the types are not standardized and comprehensive;The definition of illegal income,criminal tools and contraband is not clear;The disposal measures of property involved in criminal cases have the defects of logical confusion and incomplete system;The legislation lacks the property preservation system in the sense of ordinary procedure;The examination and relief system for the property involved in the case is not perfect.In view of the deficiencies of the identification and disposal system of property involved in criminal cases,it is necessary to improve it through legislation.China should adopt special legislation to formulate a separate law on the identification and disposal of property involved in criminal cases,which integrates the substantive norms and procedural mechanisms of the identification and disposal of property involved in criminal cases.The legislative purpose of the law on the identification and disposal of property involved in criminal cases should include standardizing the exercise of the functions and powers of judicial organs,fairly punishing crimes,and protecting the property rights of parties and interested parties.The basic principles of the law on the identification and disposal of property involved in criminal cases should include the principle of legality,the principle of necessity and the principle of proportion.The law on the identification and disposal of property involved in criminal cases formulated in the future should focus on the improvement of the following systems.First,the scope of property involved in criminal cases should be stipulated and the types of property involved in criminal cases should be clearly listed;Second,we should clearly define the meaning and scope of illegal income,criminal tools and contraband,and improve the relevant confiscation system;Third,we should clarify the meaning and nature of various measures for the disposal of property involved in criminal cases,such as recovery,return,confiscation and order to return and compensate,as well as the connection between them,and add provisions on the disposal of property involved in non prosecution cases and stakeholder crime cases;Four,we should add a system of property preservation to the suspect and defendant.Fifth,we should improve the examination and relief procedures of property involved in criminal cases.