| Abstract:After the implementation of the new Criminal Procedural Law, material evidence and documentary evidence collected in criminal proceedings are particularly important. The criminal sequestration is a compulsory measure,which is compulsory in detaining the property in cases. Due to the lack of legislation and relevant legal documents, sequestrating the property involved in cases is lack of forcible execution. There are two reasons leading to this. On the one hand, there are no specific provisions in criminal procedures for sequestration of property. The property holder has no compulsory obligations in fulfilling criminal sequestration. On the other hand, in connection with the criminal sequestration of property, the scope of clear conditions has no legal basis. Criminal arrest authority and criminal investigation authorities set detention of executive powers in a body, investigators have opened a criminal sequestration procedure which is arbitrary and ambiguous.Investigators feel free to extend the scope of sequestration which undermines the seriousness of criminal compulsory sequestration.The management system is not complete and detention of person is not detached. Also,seized items are not categorized and custody is widespread.The compensation relief systems are not perfect, plus errors of law, regulations on sequestration do not provide effective remedies. These are the underlying causes affecting property holders unwilling to surrender property involved in cases. In order to achieve the authority of judicial organs, we should establish and improve relevant legislation to ensure the forcible execution of criminal sequestration of the property involved in cases. In conclusion, we should establish and improve the censorship system of writ doctrine before criminal sequestration, the compensation system and the compensation system which together constitute a series of judicial systems of the criminal sequestration of property involved in cases. |
PDF Full Text Request