Seizure, Freezing Of Funds And Materials To Disposal Of The Standardization Study. Criminal Cases

The stolen money, stolen goods is a punishment for criminal cases in an important link, as first-line police officers, for the author to participate in a number of criminal cases, each of which are involved with crime and to the relevant sections of the seizure, storage, transfer, the return of work And found that there are many problems, especially in cases not related to the detection of the custody of the seized items on showing a chaotic situation, either no one Wenjin, or non-use, the urgent need to improve and standardize. Therefore, to seize, freeze and material for topics and try to seize and freeze the status quo of the actions of research and standardization of thinking. This paper is divided into four parts:First, seizure, freezing, the definition of the status quo and the Legislature. Briefly seized, frozen, of the concept and scope of the seizure, freezing of the scope of, seizure, freezing the implementation of the right, seizure, freezing, of the custodian, transfer, seizure, freezing the disposal of material outlined four areas China's laws on the seizure, freezing of the status of the legislation.Second, seizure, freezing of the operation of the practice of punishment and the reasons for analysis. China's judicial punishment in the seizure, freezing and material aspects of showing a relatively conservative characteristics, but also face many difficulties. The author through four typical cases, the judicial practice of punishment seized on the plight of the analysis that caused these problems for two reasons: First, legislative deficiencies, and the other is on the wrong concept.Third, the seizure, freezing of the norms of action for the necessity and feasibility. Judicial practice in the seizure, freezing and other measures of ineffective supervision, is not only a violation of property rights of the parties, but also undermine the reputation of state organs, it is necessary to regulate. The seizure, freezing of the actions of the socialist rule of law is to regulate and safeguard the national interests of the needs of existing resolve the seizure, freezing, the problem of unreasonable can not be a good way to achieve the timely seizure, freezing of the relative protection of the legitimate The purpose of property; mechanism construction in China, there need to complete the local. China's lack of legal papers from the "investigation tectonic theory," and strict procedures for handling cases may affect the detection rate of two aspects, summed up the seizure of the norms of conduct is totally feasible.Fourth, the seizure of action, improve and standardize the proposal. The seizure, freezing of the process of punishment should follow the rule of law, protection of human rights, property rights statutory three principles. Strengthen the seizure, freezing of the law, regulation, protection of the seizure, freezing of the legitimate actions of the whole idea is to establish procedures for the seizure of the mechanism of action. In the overall system design, should provide the people's court is seized, frozen, the ultimate disposition of organs; People's Court found and punished in accordance with the law for the general principles to specific circumstances, the public security organs, procuratorial organs of certain seized, frozen material Enjoy the right to be identified and dealt with some exceptions for the right; strictly limited to the judiciary were recovered, the scope and functions of the departments concerned to play, strengthen supervision. In the design of specific procedures, recommended the establishment of the seizure, freezing and material reimbursement, the confiscation of the objection procedure; establishment of a third person to participate in the proceedings; no timely action to establish the procedures of the sanctions mechanism to further improve the reimbursement process. It should also be the suspect who died at large or the loss of the proceedings of the case to set up a special trial proceedings.Finally, to absorb the impeachment of the investigation based on the structure and change of China's "investigation center" model, will be seized of the action into real "action" form, is the standard seized, frozen, the fundamental way of punishment.