A Study On The Procedure Of Handing Property Involved In Criminal Cases In China

The procedure of handling property involved in a criminal case is not only a procedural issue,but also a substantive issue.It is not only a criminal issue,but also involves the protection of the civil rights of the parties concerned.In practice,it is very complicated to operate,which is why,It is of great significance to study the theory and practice,which is of great value to the perfection of criminal procedure and the enrichment of the theory of property disposal involved in criminal cases in our country.Although important legal documents such as Criminal Law and Criminal procedure Law of our country have provided for the disposal of property involved in criminal proceedings,in recent years they have also issued relevant judicial interpretations and normative documents.However,at present,the procedures for handling property involved in criminal cases are still not perfect,the caseload is disposed of at will,the custody is backward,the transfer between the various organs is not smooth,the information is semi-open,and there are outstanding problems such as lack of remedies,etc.Many judicial injustices and judicial corruption occur in the process of disposal of property involved in criminal proceedings.It seriously damages the legitimate rights and interests of the parties concerned,reduces the judicial credibility,and causes strong social repercussions.At present,the disposal procedure of property involved in criminal proceedings in our country adopts a diversified approach,which is basically parallel to pre-trial disposal and post-trial disposal;administrative and judicial disposal parallel;investigation,It is difficult to say which mode the procedure of disposal of property involved in our country belongs to.Historically,due to imperfect legal provisions,multiple disposition of cases by the organs handling cases,relatively arbitrary,the subject of case handling has interests related,it is difficult to maintain neutrality,and it also affects the adjudication of the court,resulting in the loss of the independent status of the judicial power.Not only is it not conducive to the protection of the property rights of the accused person,but also to the protection of the property rights of the victim and the third party outside the case.With the advancement of China's ad hoc socialist rule of law,the theory of the rule of law and the judicial environment in our country have been greatly improved.The disposal of property involved in criminal proceedings alsoneeds to be standardized,statutory.The disposal of property involved in criminal cases is not a simple property dispute,it must be combined with the whole case in the process of criminal cases Consider.This paper mainly discusses the final disposition of criminal property involved in the case,and puts forward the specific path to perfect the procedure of handling property involved in criminal case in our country.That is,after the court investigation on the conviction and sentencing of the defendant has been completed,a similar court procedure has been set up to conduct a special examination of the property involved in the criminal proceedings,and the court involved in the case shall conduct a centralized trial of the property involved in the case for final disposal.To establish a "suit in rem" corresponding to "action against a person",other than the court authorities do not enjoy the power of final disposal of the property involved.On the one hand,the final disposition of the property involved should be exercised by the judicial organ To set up a special trial investigation procedure to reasonably distribute the burden of proof on the property involved in the lawsuit;on the other hand,to ensure the participation of the interested parties in it,so as to ensure the openness and fairness of the whole procedure and to realize the relative justice of the entity.In addition,only by strengthening the relief to the right and the supervision of the case handling organ can the realization of the right be effectively guaranteed.