Research On The Compulsory Measures Of Property Involved In The Course Of Criminal Procedure

With the development of social economy, the kinds of property involved in criminal lawsuit is growing more complicated, and the value involved is more and more as well in recent years. One important task of the judicial organs is depriving the criminal crime income.saving the country, the society and the victim’s loss at the greatest degree. At the same time, the modern idea of the rule in judicial authority requires that the judicial organs should ensure the litigation rights of the criminal suspect in a criminal trial, which makes The judicial authority of work requirements in a higher level without doubt. Since the two relations exist contradiction, the balance between these two things is very important in realizing the dual purpose of punishing crimes and protecting human rights. However, the current law for criminal compulsory measures involving property regulation is not perfect in China, simultaneously the theorists did not pay much attention to this problem for a long time. The lack of legislation and the ignorance in theory make the compulsory measures of criminal property investigation multifarious, uneven, so the illegal behaviors occur frequently. Therefore, to perfect our compulsory measure system of criminal property is particularly urgent. Based on the compulsory measures system of criminal property for the study, by using comparison, practice relation and inductive method, the paper defines the concept of property involved in criminal compulsory measures, outline the criminal procedure of our country about criminal property in the provisions of the compulsory measures, criticize some wrong methods in practice. Finally, based on the related system of criminal legislation on property involved compulsory measures in foreign advanced countries, the paper constructs the program of our country’s criminal property in the system of compulsory measures from the theoretical level and the practical level.The different aspects are as below:The preface of the paper points out that property right, as one of the basic human rights, should be protected by law, and so does in the criminal procedure. Taking reasonable compulsory measures in criminal property is not only related to the property interest of criminals, but also related to the guarantee of legal interest of the victim, the state and the third person. There are many problems in the system of compulsory measures in our country, which have not caused the attention of the theoretical circle. So the author points out that China’s criminal system of compulsory measures needs to be improved in the system design and the legislation.The first chapter is about the concept of criminal property involved compulsory measures. Firstly, the author redefines the concept of property involved in crime. The criminal property is the evidence which should be seized or frozen. It also includes the property which should be recovered or captured. Secondly, the chapter summarizes the compulsory measures of criminal property, which includes search, arrest, inquiry, frozen, seizure, etc. In addition, it expounds the function of the property involved in the criminal coercive measures and emphasizes the purpose in regulating compulsory measures of criminal property.The second chapter analyses the current situation of our criminal property involved compulsory measures, and points out the problems existing in. Firstly,there are some problems in the framework, such as the insufficiency of statutory procedures, the loss of due process, the absence in judicial review. Secondly, combining with the judicial practice, it points out that there are some insufficient behaviors in the investigation process by using compulsory measure, such as in the search, the arrest, the frozen process, and the problem exists in taking care of the property as well.The third chapter uses the compulsory measures of criminal property in advanced countries for reference, and carries on the analysis in order to lay a foundation for below.The forth chapter puts out the suggestions in property involved in the criminal system of compulsory measures. Firstly, an suspect property enforcement measures should observe some principles, like legal procedures, proportion, judicial review; Secondly, this chapter puts forward some suggestions in how to improve our country’s criminal property involved compulsory measures in practice, like how to start the search program, how to define the scope of the property involved, how to clear the illegal evidence, etc.