Involved In Criminal Proceedings On The Process Of Property

Property is one of the basic human rights enjoyed by citizens. It has been hampered by "constitutional" protection. "Criminal Procedure "as the "application of the" Constitution ", " property rights should protect citizens from unlawful infringement. However, in criminal proceedings, prosecution authorities to gather evidence, identify the facts of the case to ensure the smooth progress of litigation activities, will inevitably interfere with or limit the prosecution of basic human rights, including property rights. This property involved in the process of embodied particularly evident. In this process, due to the mandatory state power and easy expansion, and if not to control it, it will definitely be prosecuted against the property rights to the direct effects of litigation and the enforcement of sentences. Criminal Procedure Law of the academic focus of previous studies have focused on how to protect the personal rights of the defendants and other related topics. Not only the criminal legislation for the prosecution of persons in criminal proceedings the lack of due protection of property rights norms, and criminal theorists are less involved with the research on this topic. Of property involved in criminal proceedings process, for the protection of the legitimate interests of the defendants to ensure the smooth conduct of criminal proceedings, is of great significance.This article in order to protect property rights need to be prosecuted as a starting point, proper handling of criminal proceedings involving property, protect the property rights of the prosecuted were studied. Text is divided into five parts:The first part seeks to clarify the proper handling of criminal proceedings involving property, protection of property rights need to be prosecuted. This is demonstrated in five aspects: First, China's "Constitution" explicitly stipulates that "citizens of lawful private property is inviolable ", Code of Criminal Procedure, as the Constitution "seismometers" should protect the property rights of the prosecuted to uphold the Constitution Authority. Second, the protection of human rights as a "Code of Criminal Procedure, " one of the two tasks, also requires proper handling of property involved, to protect the property rights of the defendants were not subject to flagrant violations of state power. Third, the special nature of the criminal proceedings, making the property involved in the handling process, the prosecution of persons and the great disparity between the prosecution authorities, and if the powers of the prosecution not to be reasonable limits, will be prosecuted violations of property rights. Fourth, social justice, justice as the last line of defense, properly handle the involved property, protection of property rights is the prosecution of persons need to curb judicial corruption. Fifth, properly handle the involved property, protection of property rights is the prosecution of persons required to reduce crime.The second part discusses the procedures for enforcement action in rem (including search, seizure, seizure, freezing procedures) to the prosecuted person's property rights protection. Start with our existing legislation, judicial interpretation of the relevant provisions of the start, coupled with the assessment that the practice of legislative and judicial problems: on the matter of enforcement action for lack of specific standard of proof, the lack of suitable objects, means, scope, etc. the necessary restrictions, the lack of the necessary judicial control, the lack of procedural sanctions. Finally, there is a specific improvement recommendations put forward the following: First, sanctions will force the matter into the system of compulsory measures; Second, establish measures of judicial review mechanism, to force action on the matter by the Court's exercise of discretion; three is to improve the enforcement action on the matter of the writ system, clearly documented the reasons for enforcement action, scope, object and means; Fourth, improve the enforcement action against the illegal material procedural sanctions - Exclusionary Rule.The third part discusses the procedures for custody of property involved in the prosecution of persons on the property rights protection. First, to clarify our existing legislation, judicial interpretation of the relevant provisions, together with the assessment that the practice of legislative and judicial problems: lack of specialized storage organs, the lack of a sound accountability system, lack of seized goods, documents archiving and open requirements. Finally, the problems were kept from the creation of specialized agencies, establish and improve accountability in handling cases, increasing storage requirements and open the property involved in the three aspects of sound advice.The fourth part discusses the procedures for reimbursement of property involved in the prosecution of persons on the property rights protection. Start with our existing legislation, judicial interpretation of the relevant provisions of the start, coupled with the assessment, pointing out that legislation and judicial practice of the following problems: the return is not timely, prosecution authorities withheld, misappropriated or illegal use of money or property involved in the case of very prominent; on the identification of property involved and the process is imperfect. The poor storage, handling unfairness not only damaged the image of the prosecution, but also created a very bad effect. In view of this, specific problems Finally, I believe that to establish a "presumption of non-stolen goods," the basic principles of:, the property prosecuted in accordance with the law by the People's Court before sentence is recognized as proceeds of crime, the prosecution of persons belonging to all; II first return to strictly control the conditions of application system will first return the property as a kind of exception handling involved.Part V discusses the procedure for recovery of property involved in the prosecution of persons on the protection of property rights. Start of the legislative and judicial interpretation of the relevant provisions of the start, coupled with the assessment, pointing out that the mechanism involved in the recovery of property, and threats, violations of property rights in the prosecution of persons that is most closely related to the recovery, forfeiture proceedings, and the two system to be introduced that our legislation and judicial practice problems. Confiscation of Criminal Justice, focused on two aspects: First confiscation measures ineffective, resulting in serious damage to national interests: the second is improperly confiscated, damaged the citizens, especially the prosecution of the legitimate property rights. In addition, the prosecution authorities will not be involved in the case of property involved in illicit money and goods to be recovered as a violation of the legitimate rights of the phenomenon is also a serious property rights. Therefore, I suggested that this procedure should be clearly defined to ensure the prosecution of persons participation in the proceedings; prosecution authorities involved in the identification and processing of property, we must strictly be involved in property and separate property of non-suspects, to avoid damage to the prosecution of the legitimate property interests; criminal proceedings in absentia should be established to set strict conditions and procedures apply.