Criminal Proceedings, Temporarily Seized Property Research

With a better protection of private property of citizens and a deeper awareness of civil law and rights, the problems whether property impounded in criminal proceedings was correctly recognized and disposed stands out. Due to the simple regulation of the provisions of recognizing and disposing of Property Impounded and the long-term over balance of focusing on punishment, this problem receives insufficient attention and study both theoretically and practically. This paper is written from the aspects of Punishing crime according to law, of being beneficial for property punishment, of ensuring enforcement of the Incidental Civil Action and of the protection of the property right of the pleadings and strangers by law. The author believes that research on Property Impounded in Criminal Proceeding has theoretical and social value. This research not only is convenient for the enforcement of property punishment to the pleadings, which reflects the judicial authority, but also protects the pleadings and their families from invasion of transfer property before the sentence and diverse department of criminal economic sanction. On the research of the character of the Property Impounded, and the analyzing of criminal regulations, this paper advances the basic system which is necessary to consummate the Property Impounded,andstates how to consummate the procedure of Recovery, RestitutionOrdered,Return, Seizure and so on.