Research On The Criminal Involved In Property Of Recovery And Treatment

Involved in the recovery and treatment of property involved in criminal proceedings related to the discovery, to seal up,detain, freeze, deal with property involved. Our legislative and judicial departments, formulated the recovery and treatment of criminal litigation involving property of normative legal documents, but due to the imperfect laws and regulations, judicial practice in law enforcement is not standardized, criminal litigation involving property to recover the lack of means, control the property involved in the effect is not ideal, it is difficult to achieve treatment involving property legalization and standardization. This paper analysis the property involved in the identified standard, discusses the recovery and treatment of criminal litigation involving the contents and methods of the property, how to prove the case on criminal involved in property and other basic theory from the definition of criminal litigation involving the connotation and extension of the property. Take the method of comparative law, the relevant provisions of international conventions and foreign laws, from reference and inspiration. In the current law of our country as the foundation, analyzes the legislative and judicial theory, the problems and the reasons, mainly to the legislation of involved property, processing method and processing agent, pretrial return, litigation rights of stakeholders and other aspects, judicial omission, chaos as, as hard. This is because of concept, system, theory, and practice. The concrete counter-measures and suggestions are to carry out the principle of presumption of innocence, the principle of human rights and the legal procedure, and so on. Concrete countermeasures and suggestions are abide by the concept of the modern criminal justice,such as the presumption of innocence,the protection of human rights,due process of law and so. The liability concurrence theory research, improve recovery and processing involved in the property law, carefully regulate the judicial behavior. Based on the analysis of the legislative and judicial theory, the problems and the reasons, countermeasures and suggestions are put forward.