The Research About The Seizing And Freezing System Of Prosecuting Authority

The enforcement of seizing and freezing by prosecuting authority is coercion measures adopted during the investigation process in the exercise of investigation power. Compared with physical coercion measures such as detention, arrest, we pay little attention to seize and freeze both in theory and in practice, much less to seize and freeze by procuratorate. It has far-reaching meaning to seize and freeze timely and legally, which could not only ensure the efficiency and quality of case handling, but also protect the interests of the parties. However, there are a lot of problems needing to improve, because we didn't attach importance to seizure and freeze. This thesis will introduce what problems the system have and propose advice to solve these problems. In addition to the introduction and conclusion, the paper is divided into three parts:The first part of this thesis outlines the seizure and freeze implemented by procuratorate. In this section the author briefly describes the definition, types and functions of seizure and freeze. Besides this part also introduce the reformation history of seizure and freeze of prosecuting authority. We shall know what difference between procuratorial organ and public security organ about this system and why it deserves separate studying. It has extremely important value to study seizure and freeze carried out by prosecuting authority.The second part is what problems the seizing and freezing system of procuratorate has. There are three major problems: First, the executing procedure isn't perfect. Seizure keeping is out of order and handling procedure has many problems except that the targets of seizure and freeze aren't clearly. All of these will affect the property interests of the parties directly. Second, the relief procedure has some problems. Lacking of supervision mechanism is bad for prosecuting authority to seize and freeze. The review mechanism about legality doesn't set up; exclusionary rules for illegally obtained physical evidence, accountability system and criminal indemnity mechanism don't establish. These defects influence the parties'lives because they couldn't get relief after their rights are violated. Third, there are short of ways to preserve asset. Except seizure and freeze, there are no other measures about asset preservation in criminal procedure, which is not conducive to developing economy and safeguarding the people's livelihood.The third part will propose advice to improve seizing and freezing system of procuratorate, which is the core of the thesis. The author present specific measures to solve the problems put forward in the second part. To solve the problems in execution procedure we should adopt measures. Firstly we should confirm the target of seizure and freeze both in positive and negative way; Secondly procuratorate should take care of seizure by drawing in reference to drawing right of civil law; Finally we shall make it clear that the court should own the right of final disposition of funds and materials. Meanwhile we need specify how to deal with funds and materials in certain exceptional circumstances. There are several ways to improve the relief system: supervising authority of procuratorate shall have the power to decide to seize and freeze; we should consummate People's supervisor system to strengthen supervision; the review mechanism of the court about legality and exclusionary rules for illegally obtained physical evidence shall be established; accountability system and criminal indemnity mechanism shall be improved. There are three ways to preserve asset learning from the experience of cracking down upon underworld of Chongqing province, which are restriction of trading, supervision of institutions and trusteeship.