Research On Properties Related To Criminal Cases Disposal

With the development of the economy,The type and quantity of the productwhich could be at people’s disposal are more bigger,the Criminal activities whichclosely linked with economic development is deeply influenced, the type and quantityof property which are linked with criminal activities is different from which it wasbe,so it is a important topic that how to find a Reasonable way to dispose theproperties which are linked with criminal activities. The disposal of the propertiesinvolve ranges of issues,such as the preservation and management of the property，the pursue and the confiscation of the property．our country’s disposing system ofproperties related to criminal cases is based on the provision of64of the CriminalLaw,criminal procedure law and the criminal law have the similar disposingsystem,but the system of the disposing system of properties related to criminal casesis not perfect.in the Judicial practice,we don’t have the procedure of the preservationof the property,even if we have such procedure,they did’t be used.the value of theproperties related to criminal cases reduce because we does not have a IndependentProperty management departments and personnel.there are not a perfect system forthe property’s recovery and confiscation in the provision of64of the CriminalLaw,and there are not a auction system for properties related to criminal cases,causethe disposing principle disposing system for properties related to criminal cases arenot reasonable.On the contrary,there is a set of systems theory and systems for disposingsystem of properties related to criminal cases in Western countries,such as theexpanding verfall of the properties related to criminal cases in Germany,the civilforfeiture system in UK,USA and Australia,trusteeship system in UK.Starting withthe definition of the relevant concepts,this thesis will elaborate the principle on thedisposal of properties related to criminal cases,then inspect the the extraterritorialdisposal system of the properties related to criminal cases,then introduce theadvanced theories and provisions,at last,we will find the Loophole in the disposingsystem in our country and make some suggestion. In addition to the Introduction and Conclusion,this thesis have four parts.In the first part,Related concepts will be addressed,in order to lay the foundationfor the further discussion.In the second part,the legal principles of the disposing system will beaddressed,such as the Due process of law,the judicial review principles and theprinciple of proportionality.In the third part,we will introduce the Extraterritorial disposal system ofproperties related to criminal cases,we will make a detailed analysis in someplaces,such as, the expanding verfall of the properties related to criminal cases inGermany,the civil forfeiture system in UK,USA and Australia,trusteeship system inUK.In order to find some Material for rebuild our country’s disposing system.In the Fourth part,we will find the Loophole in the disposing system in ourcountry,and give some suggestion which are related with the Concept and System ofthe disposing system.