Research On The Handling Procedures Of Property Involved In Criminal Proceedings

It is an unavoidable task for our criminal law and criminal procedure law to deal with the property in criminal cases properly,punish crimes economically and protect the property rights of the state,the collective and the citizens.The handling of property involved in criminal cases involves different stages of litigation,multiple judicial departments and multi parties.The most important legal issues that restrict the handling of property involved are the complex contents,extensive influence and imperfect handling procedures.This paper firstly studies the concept characteristics and scope of criminal procedure,defined the concept of property involved,through the research on the theory better grasp of the concept of property involved,after clarifying the concept,discusses the property involved in processing procedures,including involving property preservation measures,the trial procedures and enforcement procedures.The problems discussed in the following chapters are carried out between the core concepts and the three programs.Secondly,it analyzes the current situation of property disposal in criminal proceedings in China,including three main procedures,namely,the compulsory procedures,pretrial disposal procedures and post execution procedures.It provides a background for judicial practice in judicial analysis.Third,we analyze the problems in the disposal of property in China's criminal proceedings,and point out that the three main reasons for the problem lie in the confusion of legislation,the insufficient attention of the judicial organs and the imperfect remedy measures of the parties.Fourth some suggestions are put forward to improve the process of dealing with property in criminal proceedings.They are the unified legislation,the construction of judicial review procedures suitable for the national conditions,the legal responsibilities of the public prosecution organs to prosecute the involved cases,the new way of judicial relief for the parties concerned,the establishment and improvement of the trusteeship mechanism and the custody system of the belongings.