On The Improvement Of The System Of Freeze And Seizure Of Goods By Procuratorial Organ

The procuratorial organs seizure and freeze of goods is people's procuratorates shall exercise procuratorial authority in the process of the seizure and freeze the illegal income, and crime relevant goods, commit crime tools and illegal possession of contraband, etc.①Our country "Criminal Procedural Law" in compulsory measures chapter only stipulated to personal freedom to take the restriction of criminal goods right restrictions to make clear a regulation, but not that nots allow to ignore, both mainland legal system country or international conventions, already will seizure, detainment or freeze involved goods as a kind of compulsory measures to study and to standardize.The procuratorial organs seizure and freeze as a kind of compulsory measures, is an important criminal justice system, it already relationship that can effectively shall be investigated for criminal, and more directly related to citizens property rights protection, is a "double-edged sword", high sensitivity, often in the whole society clubhouse concern, become the focus of the citizen measure of justice in China, also become legal reform and social changes of a breakthrough. China's laws on this field of provision does not very complete, scholars study little, procuratorial practice exist to varying degrees with illegal detention, freeze even, misappropriate, pocketing goods involved in the crime. If the problem cannot be solved in time, not only affects case quality, also affect the procuratorial team construction, damage the whole procuratorial organs of the image. For understanding the practice condition, The supreme people's around recently established special inspection group, seizure of nine provinces frozen goods to conduct special inspection, seizure goods management investigation supervision. According to relevant departments practice research mastery of the material material, the author combined the actual work, from three aspects to write this essay. First is present procuratorial organs seizure and freeze involved goods and the main questions existing in the work of procuratorial organ, through the seizure and freeze the legal nature of the goods involved in the analysis of the illegal income and clarify the boundaries of goods stolen goods, puts forward the procuratorial practice existing over-rides seizure, long not button place, processing improper realistic problem. Secondly, based on legislation and practice two aspects to analyze the reason of the existence of the problems, such as legislative excessive curtness, investigation behavior lacks restriction, the constraint mechanism imperfect become that now the job wasn't regulate the main reasons. Finally to how perfect procuratorial organs seizure and freeze involved goods and work puts forward countermeasures. A is for work in the lack of supervision mechanism, proposes the establishment of a complete set of internal and external supervisory system, through improving the corresponding legal regulation, of establishing the effective measures to strengthen internal and external supervision and punishment, post-supervision instead of supervision, form a long-term supervision and advance management mechanism.2 it is further perfect national compensation system, establishing lawsuit type national compensation procedures, endow the parties including compensation organ corresponding litigation rights, the goods is seized illegally dispose activity into the scope of administrative litigation. Three is to introduce "writs doctrine" and judicial review system, will the investigation organ for criminal suspects personal freedom and property enforcement measures behavior in judicial organs effectively, under the supervision of prevention and reach the purpose of post-supervision, compulsory measures for timely discovery improper behavior and provide corrective attendant. conditions.