Stay On System Dealing With Property Involved In The Criminal Case On The Investigation

To have a better protection of the property of those who accused, the civil law and the criminal law can be employed instead of applying the only criminal procedure law to solve the practical problems.There are mainly two reasons of infringing the property rights of the criminal suspects in practical cases.For one thing, the dilemma of theoretical researches on the problems in reality, the unclear concept of the case-involved property and the legal tradition of attaching great importance to the evidence instead of the process lead to all the case-involved property being tied up because of the unclear identification of the property by the investigative organization. For another, the imperfect legislation can not effectively monitor the investigation personnel and offer effective relief to those who involved in the case. Not only the basic procedural framework distorts, but also some concrete procedures in the design and in practical conduction can not effectively protect the defendants’ property. Thus, in China’s current criminal system there are great defects in the aspect of guaranteeing the property of the accused person. It is a necessary that employing the criminal substantive law to define the concept and scope of the case-involved property. Meanwhile, taking the specific characteristics of the rights of the property into consideration and distinguishing the different types of the case-involved property. Therefore, employing the basic framework, which is conducted as the core process of the statutory procedures, the due process,proportion and judicial review, to bring the reform in the aspects of concept transformation and system reconstruction.