Research On The Handling Mechanism Of The Property In Criminal Cases

With the rapid development of commodity economy society,property associated with cases always occurs for the process of handling many criminal case.At the same time,The types of property involved in the case become more diverse and the total value becomes bigger.In the process of criminal prosecution,it is of great significance to correctly identify and deal with the property involved in the cases.This is not only concerned with the seriousness of the criminal responsibility of the accused person,but also whether the legal property of the litigants and interested parties can be effectively protected by law.It is of great significance for the reform of China's judicial system to improve the handling mechanism of the property involved in criminal cases.The traditional criminal litigation activities in China focus on the crackdown on illegal and criminal activities and neglect the protection of property rights of parties.That is why the law enforcement —Heavy personal punishment,light property treatment—come out in the process of judicial practice and citizens' property rights and interests cannot be fully protected by law.As a result,to improve the handling mechanism about property in criminal cases is very essential in China.Based on the property management mechanism in criminal cases,from the perspective of program processing,this paper combines affirmation,detain,seizure,freezing,storage,transfer,return,auction and other compulsory measures of property in cases,using methods such as theory analysis,comparative analysis,contact the actual paper writing.This paper is mainly divided into the following parts:The first part of the article starts from the overview of criminal property handling mechanisms involved in the case and introduces the general concept and definition of the property involved and then compares the difference between the involved property and other general concept object.Then the paper introduces the types of property enforcement measures in criminal cases and the value of improving the property management mechanism,so as to make a clear understanding of the involved property.The paper in the second part mainly introduces the representative countries which have different legal systems and criminal legislative regulation of the property procedures in related areas,comparing both in theory and in practice and accordingly to form beneficial reference.The third part of the paper mainly combines the practical situation of judicial practice and analyzes the relevant problems and shortcomings of our country in the process of criminal cases.The forth part of the paper mainly combines the development of judicial practice and puts forward the corresponding suggestions for improving the existing problems and deficiencies in the property management process.