On The Protection System Of The Interests Of The People In The Criminal Procedure

In the newly revised criminal procedure law,there is a special procedure--the confiscation procedure of illegal income,and the interested party appears in the criminal law norm of our country.Following that,the judicial interpretation of our country made a rough definition of the interested party in the confiscation process of illegal income.The new regulations passed in 2017 redefined the concepts and criteria of stakeholders.But so far,we have decided from the case and referee that we can investigate.There are few cases of genuine interest in ginseng and illegal income confiscation procedures.The specific scope of the interested person,The litigant status of an interested person,The specific ways of the interests of ginseng and litigation,The issue of the right to participate in procedural protection of the interested persons,There is still no clear standard.At present,the relevant laws and regulations in China need to be perfected.There are five parts in the text part of this article.The first part mainly introduces the background of the stakeholders in the process of illegal income confiscation,the background of the definition of the concept of "interested persons" and the scope of the interests of the stakeholders in the current legal provisions.The second part mainly expounds the significance of strengthening the right protection system of stakeholders.This part mainly launches from the entity rights safeguard value and procedural right safeguard value.The third part mainly analyzes the protective measures and shortcomings of stakeholders at this stage in China.In the current legislative situation,the two issues are unclear: the status of the stakeholders is unclear,and the litigation rights are not clear.The current situation of judicial practice is not optimistic.Through the actual investigation and inspection of the network referee documents,the author finds that the interested persons have few cases to claim the rights through the illegal income confiscation procedure,and visit a intermediate court in Beijing on the spot.In the last year,there is no case of accepting the rights of the interested persons.Based on the survey results,the author summarizes the reasons,and on this basis,develops the idea of improving stakeholders' rights protection system.The fourth part introduces the advanced system of protecting the rights of the interested persons abroad,including the advanced experience in the civil confiscation system in the United States,the protection system of the third people in France in the pretrial procedure and the prohibition of the forfeiture of the third people in Japan.The fifth part is the idea of improving the rights protection system of the interests of the people in our country,mainly from the establishment of the guiding principles,the clear concept of the scope of the concept,the improvement of the legislative provisions,the protection of pretrial procedures,the refinement of the specific rules of the interests of ginseng and trial activities.