The Study Of Criminal Involved In The Property Return Mechanism

As the basic concept of criminal procedure, the belief of “Respecting andprotecting human rights” provides a legal basis for the protection of the rights ofcitizens in the criminal procedure, and provides system support for the maintenance ofcivil property rights.However, in the long-term judicial practice, the phenomenon ofignoring the protection of property rights of citizens occur frequently. The mainperformance is that the criminal involved in property management mechanism is notconsummate. The criminal involved in the property return mechanism as an importantring in the processing mechanism, has vital significance to the processing propertyinvolved in criminal judicial practice. However, there are very few theoreticalresearch on the criminal involved in property return mechanism, so it is necessary tosort it out. In addition to the introduction and conclusion, the body of the articleconsists of four parts.The first part is the overview of criminal involved in property return mechanism.In order to distinguishing the meaning of criminal involved in property, we mustdistinguish the related meaning. At the same time, the criminal involved in property toreturn will be the main content explained in this paper.The second part is the settings of the current property involved in the returnmechanism. It explains the specific settings of Pretrial return program and Trial afterreturn program from the system level, including the implementation of the subject andstarting method.The third part is the reflection on the current property involved in the returnmechanism. First of all, it explains the problems, including the system design andjudicial practice. Specifically, the problems exist in the system design, including thereturn program design goes against the principle of legal procedure, the procedureparticipation right can not be guaranteed. At the same time, it is difficult to guaranteethe return timely. This paper introduces the system design of our country’s criminalinvolved in property return mechanism. Secondly, the author analyses the causes ofthe above-mentioned problems. The paper points out that the causes of the problemsmentioned above. The fourth part proposes the improvement suggestions of the criminal involvedin property return mechanism. It is necessary to perfect the mechanism for criminalinvolved in property to return. So, i will put forward the perfect suggestions from twoaspects of long-term initiatives and the recent measures. As for the long-termmeasures, the legislature should enact criminal law, and introduce the judicial reviewmechanism of European countries. However, considering the lack of attention of thecurrent legislative, judicial and academic research, it is difficult to achieve long-terminitiatives. In the near term, the litigant’s procedure participation right and Priorexecution system should be established, and the traditional concept should be changed.Meanwhile, the relief mechanism and the corresponding measures should beimproved. Accordingly, it is necessary to improve public security and judicial organsof the funds safeguard expense guarantee, and to establish an internationalcooperation mechanism for the criminal involved in the property return.