Research On The System Dealing With Property Involved In A Criminal Case Of China

The handling of property in criminal cases is not only a procedure,but also an entity problem.How to correctly identify and deal with the property involved in criminal proceedings is very important for a criminal suspect and defendant's conviction.It is also related to how to ensure that the legal property of the victim is not infringed,and it has a certain influence on the judicial authority and the judicial credibility of our country.The leadership of the central committee of the central committee is particularly attached to how to regulate and deal with the property involved in criminal proceedings.Since the third Plenary session of the 18th of the party,the central committee has formulated a series of normative documents concerning the handling of the property of criminal cases.On many occasions,how to further standardize the problems of property handling and handling work,which specifically requires the judicial organs to regulate the handling of the property involved.As a result of criminal involvement in the handling of property,the need to involve a number of departments and multiple litigation links,therefore,this is a higher requirement for the specific cases of the legal quality of the personnel.Under the background of the judicial system reform in,according to the regulations of the supreme people's procuratorate,the standard and efficiency of the criminal involvement in the criminal cases shall be determined.It is one of the important criteria for determining the judicial behavior of procuratorial organs.Although the implementation of the new criminal procedure law and the relevant judicial interpretation have been introduced,the basic framework of the property management system in China has been constructed;However,since the criminal procedure law is not perfect for the identification,custody,transfer,handling and supervision of the property,the theoretical research on this aspect is relatively small.The main concentration is limited to the study of a law or a certain period of action,not the system,not enough,the degree of attention is not enough,resulting in the implementation of the law enforcement is lax.The problem of dealing with property,such as improper handling of property,is a waste of judicial resources.According to the present situation of the property of criminal involvement,the phenomenon of' s heavy-blow crime and light propertyprotection is more prominent.In the judicial practice,the criminal involved in the packaging of the goods,the custody of scattered,the money involved,and found that the recovery of property is not matching,the implementation of the loss of the work,the return of the property is not timely.It is one of the reasons for the continuous increase of judicial contradictions in our country.If not properly handled in time,it is very easy to cause social instability.Therefore,it is necessary to improve the property handling system of criminal cases,standardize criminal proceedings and deal with the property,and ensure that the criminal action will be carried out smoothly and maintain the suspect.The defendant,as well as the lawful rights and interests of the interested parties,is of great significance to ensure the justice of justice.This paper studies the problem of dealing with property in criminal cases,which mainly uses comparative analysis,contact practice,induction argument and other methods to discuss this article.The text is divided into three main plates,including the introduction,text and conclusion,and the contents of the text are divided into four parts.The introduction part of this paper introduces the background and significance of this paper,and points out the problems existing in the judicial practice.In order to solve the existing problems and solutions to the problems of the property involved.The first part of the text introduces the relevant concepts involved in the handling of criminal cases,such as how to define the property involved in criminal cases?What is the case for criminal involvement?Wait for the content;According to the new?criminal procedure law?and the relevant judicial interpretation,the scope of criminal involvement,and according to the category of property is briefly introduced.And how to deal with the existence of the property and the property of the criminal involved in the dispute.The second part of the text is based on empirical analysis and case analysis,From the present situation of the legislation of the property of criminal involvement in our country,the article introduces the case,introduces the property of the criminal involved in the judicial practice.The custody of the scattered,involved funds,and found that the recovery of property measures is not matching,the implementation of the work of the loss,the return of property is not timely,low efficiency and supervision is not in place,and so on.A lot of problems arising from the judicial practice are analyzed and discussed,and the root of the problem is found,and the direction is proposed for the next step.In the third part of the text,the paper introduces the procedure and the related system of criminal involvement in the civil law and the continental law system.Compared with the present situation of our country's legislation and judicial practice,it is found that our country is insufficient in the process of criminal involvement.It also points out the enlightenment of the Anglo-American legal system and the continental law system on criminal involvement.The fourth part of the text is mainly aimed at the problems existing in the process of dealing with the property of criminal cases,and combining judicial practice.In the process of criminal involvement,we should determine which principles have been introduced and explained,and the concrete solutions are presented in order to promote the perfection of the property management system in our country.Conclusion:the background and significance of the topic of this thesis are also clarified,and the problems and solutions are summarized and summarized in the process of criminal involvement.