Study On The Return Of The Property Involved In Criminal Cases

Return of the property involved in criminal cases refers to that in any stage of the criminalprocedure the police,the procuratorial organsand the court will verify the property of witch ownership is clear,which will not affect the action and damage the interests of other people's back to the victim,the third person or the accused person.Return of the property involved in criminal casesis a kind of concrete,final disposition of property.In view of current condition in China,the legal makers,the judicial practitioners and the academic researchers all lack of enough attention to the return of he property involved in criminal cases.On the one side of law making,no specific laws and regulations,no specific procedural arrangement,imperfect legal systems,absence of principle of criminal law,constraint of traditional judicial views that take problems to the return of the property involved in criminal cases,On the other side of judicial practice,improper return of authority,weakprotection and remedy mechanism for theproperty rights of victim,third person and accused person,lead to no solution to safeguard the legitimate rights and interests when damaged,On the third side of academic research,lack of attentions leads tono theory reports for procedure execution.In January 2015,the general office of the central committee of the communist party of China and the State Council issued the notification,opinions of further specification of disposition of property involved in criminal cases,to execute the decision of comprehensively deepen reform of some major problems.According to the relevant provisions of the criminal law and criminal procedure law,this notification issued and made broken improvement that request improvement of procedure of return and property resume rights of the third party who is not involved in the original trial.The opinion rules that relative judicial organs must return rightful property of the parties to them,otherwise,resolve it in the decision.Afterwards,the police and procurator issued new regulations.This article contains three aspects,the return and resume rules of property of the accused,the plaintiff and the third party involved in criminal cases,point out the status and problems of it and come up withfeasibleadvice,learning from the experience of foreign countries.In addition to the introduction and conclusion of this article,the paper has five parts.The first part is an analysis of the basic theory of return of the property involved in criminal cases.Discuss the concept,status and necessity and discover the discuss theme so as to set basic foundation of this article.The second part is an analysis of the foreign experience and learn from it.Analyze the return experience of Common law countries,civil law countries and the Taiwan region,so as to provide feasibleadvice for improvement.The third part is an analysis of the return of the property of criminal victim.Analyze the status,problems and reasons of rules and procedure of return and resume of the property of criminal victim.Provide feasibleadvice for improvement.The fourth part is an analysis of the return of the property of third party.Analyze the status,problems and reasons of rules and procedure of return and resume of the property of third party.Provide feasibleadvice for improvement.The fifth part is an analysis of the return of the property of accused.Analyze the status,problems and reasons of rules and procedure of return and resume of the property of accused.Provide feasibleadvice for improvement.