| The Third Plenary Session of the 18th Party Central Committee pointed out that it is necessary to perfect the judicial guarantee system for human rights and further standardize the judicial procedures for seizure, seizure, freezing and handling the involved property. The handling of criminal property involves the basic rights of the defendant, especially the amount of property involved in the economic crime is directly related to the defendant's conviction and sentencing, and related to the defendant and the victim, the third person's legal property rights can be effectively protected. Standardizing the handling of criminal cases involves the establishment of judicial fairness and authority, which is related to the deepening of judicial reform.In the first part of this paper, the concept of criminal property involved and scope. The concept of criminal property involved in criminal law is not clearly defined, the concept of criminal property involved in criminal law did not reach an agreement, and often with the " Stolen money,"" seizure of frozen objects, "the concept of mixed use. However, the relevant laws and regulations can still find clues, criminal property should be mainly involved in three categories, namely, the illegal income of criminals and their fruits for the crime of property, contraband.In the second part, this article analyzes the non-standard problems in the judicial practice. The handling of criminal property involved in the investigation, prosecution, trial, execution and other aspects of litigation, involving a wide range of departments involved in the current judicial practice, there are indeed some non-standard problems. First, the value of property involved in that problem, including the absence of the original is difficult to identify the case of the problem, there are some major cases of corruption and other cases involving precious jewelry, jade, paintings difficult to accurately identify the value and the property involved The problems involved in the handling of property involved in the case, including public security, procuratorial organs such as access to financial return funds to the court without the transfer of property involved, such a situation likely to result in violations of property involved, or even appear Some of the organs in the absence of the case of the court to deal with violations of property involved in the case; third is to recover, ordered to return compensation and criminal confiscation of the use of confusion, due to the law on the recovery, confiscation, ordered retired three judicial measures too Principle, leading to the three semantics and the nature of easy to confuse, this is an objective reason, but also the theory of criminal law, the real world are not on the recovery, ordered compensation and confiscation of the problem should be given due attention, the lack of authoritative, generally accepted interpretation Subjective reasons, in this case, the judiciary in accordance with their understanding of the operation, resulting in the practice of practice very different. Due to the influence of the investigative ability of the investigating organ, some cases or property involved in the case were illegally seized, seized or frozen, or they were not seized, seized or frozen in any case involved in the case. Property, resulting in a court decision, or the investigation of the seizure, seizure, freezing of property involved in the case has a real right, or the court on the property involved in the judgment of an empty sentence.In the third part, the author puts forward some suggestions on how to regulate the property involved in judicial affairs. The above problems in dealing with the property has seriously affected the judicial image of the judiciary and judicial credibility. The judiciary must also recognize that the accurate identification and handling of criminal property involved is significant, both related to the defendant's conviction and sentencing, but also related to the defendant's legitimate property rights can be effectively protected. Therefore, the judiciary must pay attention to the handling of criminal property, abandon the previous emphasis on personal rights and neglect or even neglect the idea of property rights, in the judicial practice of standard handling of criminal property involved. First, regulate the value of the property involved in the affirmation, accurate conviction and sentencing. The amount of criminal offenses, especially criminal offenses, is directly related to the crimes of the accused and the crime. The crimes should be dealt with seriously and must be recognized accurately in the crimes of economic crimes and corruption and bribery. In judicial practice, it is necessary to respect the identification of identification issued by the identification of opinions, but also based on existing evidence to make full use of the discretion to accurately determine the value of the property involved. For the identification of the value of the loss of evidence based on the existing evidence to make full use of discretion, the yield should be pursued in the end, in addition to the need to develop a unified property valuation criteria involved, and some corruption and bribery cases related to the value of some difficult to determine the precious Jewelry, calligraphy and painting and other property, should be entrusted to the national professional price evaluation committee valuation. Second, the establishment of judicial review system involving property with Chinese characteristics, regulate the handling of property involved in the process. In order to construct a just and reasonable handling mechanism, it is necessary to set up a judicial review system of criminal cases in criminal procedure, especially in the investigation procedure, the judicial review system is to protect the rights and interests of criminal suspects in criminal procedure, Of arbitrary arbitrary play an important role. In the current China fully established by the court on the property involved in judicial review of the mechanism is still difficult circumstances, may consider the first review by the prosecution and supervision, and gradually transition to the court for review. Third, from the law clear recovery, ordered to return, the concept of confiscation and the scope of application. It is important to understand and grasp the meaning of recovering, ordering to recover compensation and criminal confiscation, and to distinguish the object and condition of the three. It is the basis of accurate judgment and decision-making and safe docking, and has important theoretical and practical value. Recovery is the execution of the judiciary according to the court, the defendant's illegal income and other property involved in the tracing, collection process is a procedural coercive measures. Only the original to determine the absence of the case can be applied to order the withdrawal of compensation, while the application of recovery is the opposite, only the property involved is still only necessary to recover, this is the most important difference between the two. Confiscation (criminal confiscation) specifically refers to the process of criminal proceedings, the judiciary according to the court's decision on the investigation of frozen contraband, for the crime of my belongings (criminal tools) of the national. Criminal confiscation is a severe punishment measure, and should pay more attention to the protection of private property ownership. The fourth is to solve the problem of trial-and-trial connection of criminal property involved with trial as the center. The court to adhere to the trial center to identify the scope of property involved in the trial, the court should be in the process of investigation, the investigating authorities to investigate whether the frozen property in the case of the defendant's illegal income and other property involved in the investigation to prove that the burden of proof of property involved by the prosecution, Should also be interrogated in the trial of the defendant and related personnel to identify the property involved in property, not belong to the property involved should be returned, to identify belonged to the property according to the law to take confiscation and other coercive measures. It is necessary to adhere to the principle of evidentiary adjudication to clarify the contents of the handling of property involved in the case, the court'should be investigated on the freezing of frozen property in the verdict set out and make the verdict, and the right of personal judgment, such a decision must be strictly in accordance with the principle of evidence. |
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