Research On Disposition Of Property In Criminal Cases

In recent years,hot criminal cases related to the disposition of property have been exposed by the press,which gives rise to the skepticism about the credibility of the judicial system in the public as well as high attention from decision-making level.The improvement of procedures of property disposition in criminal cases has become an important part of China' s criminal justice system reform.Through the analysis of the norm and the examination of the practice,we can see that the erroneous disposition of the property in criminal cases often goes through the enlarged scope of seizure,no transfer of the relevant property,the illegal disposition prior to the trial,undue procedures,the absence of examination of the prosecution services,the lack of investigation of property involved in the trial,the vague judgment and the wrong execution.There are a number of reasons behind this,partly due to imperfect rules and regulations,but more importantly,because of the dissimilation and no function of procedures under the investigation-oriented litigation structure as well as selfishness of departmental interests.The judicialization and due procedure reform is an inevitable route towards judgment centralism,and the establishment of the platform for centralized management of property likewise provides an opportunity for purification and transformation of the property disposition in criminal cases.