Research On Criminal Recover

In the criminal justice process，the judiciary recover the relevant property adoptingsome measure such as sequestration, detention and freezing,which judicial act iscalled the Criminal recover. In our country’s criminal law, there is only the provision64which make some introduction about the criminal recover. So,starting withanalyzing the provision, this thesis will make some research about the criminalrecover by using the Research Methods such as the Comparative analysis, the logicanalysis. There are about33,000words in the thesis. In addition to the Introductionand Conclusion, there are six parts in the thesis.The first part: because the criminal law does not give a pefect definition about thecriminal recover, we can’t have a integral knowledge in the Judicial practice so thatthe criminal recover does not use properly. So,this part will give a exhaustiveintroduction on the criminal recover, and then making a research on the differencebetween the criminal recover and other analogous concept. Finally, I will give thereason on the criminal recover is Procedural coercive measures.The second part: because the criminal recover must be work under the nomocracy,this part will introduce Legal principles which abided by the criminal recover, suchas no one can obtain benefits by committing a crime, make a Balance betweenFighting against crime and protecting the human rights, adopting the temper criminalpolicy with mercy and the principle of proportionality.The third part: It shall be focus on the amount and scope of criminal recover,confirming that as the pre-program of return and confiscate, combined with theprovisions of the United Nations Convention on the recovered objects, which shouldno longer be limited to the Article64of the Criminal code provides that "all the richesof the illegal proceeds of the criminals", and include a thing for crime and contraband,and that is the object of the criminal law under the criminal forfeiture shall beincluded within the scope of the criminal recovered. This can only confirm pursuecriminal as the criminal proceedings to recover illegal property, deprivation ofprocedural measures crime recidivism ability and power integrity. The fourth part: Beside confirming the object of the criminal recover, Whodecide the execution, the controversy has not stopped. Therefore, the problem willbecome a lingering trouble. In our judicial practice, the investigative organs,procuratorate and courts have the right of recovery and discretion. So it is notdifficult to arouse the public question the authority and legitimacy of moneyequivalent. Therefore, starting from a fair and efficient manner to achieve a criminalpursue, the exercise by the competent authorities recovered should be determineddepending on the stage of the proceedings.The fifth part: Whether the criminal recover will be completed smoothly andaccurately or not based on the kind of program and steps directly related to therecovery in the specific process.Therefore, this part will introduce the three stagesrespectively, which includes the preservation, referee and implementation of theillegal income. In the process of recovery, the parties interests which infringe Factuallevel should be given to what positive, proactive relief should also be an essential stepin pursuing the program.The sixth part: Starting with introducing deficiencies and shortcomings in theCriminal recover, this part will make a presentation and analysis on the series ofadvanced system of recover system of Germany, the United States, the UnitedKingdom, and we can absorb and learn from its system, and give some suggestion onplugging the loopholes in our criminal recover system such as the object, the mainrestrictive measures and the restrictive measures, all of which can promote theperfection of Criminal recover system.