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On The Procedure Of Disposal Of Property In Criminal Procedure

Posted on:2017-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:W HouFull Text:PDF
GTID:2206330503986199Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
At present our country lags behind the criminal procedure law and the judicial practice of the criminal procedure law and judicial practice in the emerging contradictions of the original complex criminal cases involve property disposal procedures more confusion. Involved in handling the results of the property is not only related to the defendant or criminal suspect’s conviction and sentencing, but also related to the case of the legitimate property of the relevant person can be protected. Our country criminal involved in property management program in legislation and theory exist loopholes and gaps, resulting in judicial practice illegal seizure,seizure, freezing and other abuses continue to occur. Three public securities in the management right of disposal of property involved in the dispute intensified, these practices, relief, supervision problem to judicial resources, the harmonious development of our nation’s stability and social rational use bring a lot of problems.How to solve related problems, change inherent in our heavy entity light procedure thought, change the concept of heavy personal rights in light industrial property is our priority right thing. This article firstly introduces the concept of property involved, so wehave a basic understanding and awareness of the property involved.Then by comparing the analysis method of foreign property involved handlers we have the basic knowledge and introduction,mainly in the two legal systems on behalf of the United States,Britain, France, Germany’s handler have the simple introduction and comparison Through the comparison and analysis we can find out the shortcomings of our country existing in the baking of re-trial judge system in France and Germany’s unique recovery of the system that we can learn from. Secondly, summary and analyze our country criminal involved in property management procedure in the judicial practice problems, the parties have a true reflection of channels existing problems and the protectorate has the problem in the supervision of the actual situation, analysis and discussion are carried on the related issues and finding out the roots. Finally,the core part of this paper is putting forward to corresponding improvement ideas and practical recommendations according to the questions.
Keywords/Search Tags:criminal property involved, judiciary, property rights, supervision, relief
PDF Full Text Request
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