Research On Procedural Control Of Property Involved In Criminal Cases

In the process of criminal case litigation,the most important issue is how to correctly identify and dispose of the assets involved because the two are not only related to the conviction and sentencing of criminal suspects,but also whether the victim or other third party's own legal assets are Can receive due protection.Although China currently revise laws and regulations concerning the handling of property involved in cases,the content of the articles of the law is relatively comparative.There is no concrete concept determination and scope determination of the property involved,and in practice,often the assets involved in the case are improperly kept or even illegally disposed of.The phenomenon has led to confusion in judicial practice.Therefore,we should give this issue more attention and attention.This paper selects eight influential cases.Through the analogy analysis of these cases,we will define the similar concepts of criminal related assets and analyze the status quo of domestic and foreign criminal cases and financial assets,and provide detailed information on China's current criminal case-related assets disposal mechanism.The elaboration then finds out the problems existing in judicial practice in China's criminal case-related assets,and puts forward sound suggestions for corresponding issues.In view of the fact that the judiciary has expanded the discretionary power in the procedure,it is recommended to improve relevant laws and regulations concerning the property involved in the case,and to define the scope of the measures taken by the property in question,and to separate execution and processing rights;the existence of seizure,recovery,and confiscation of the execution procedures Inadequacies,put forward clear reasons for the initiation of the seizure procedure,and eliminated the time limit for the initiation of confiscation procedures;related issues such as the ambiguity of the custodian institution and the unclearcustodial responsibilities of the custodian program,the article proposes to set up a special case-related property preservation department to increase the assets involved.The number and quality of the custodians,the responsibility for clarifying the property involved in the case,and the truthfulness principle included in the law of evidence;for the lack of supervision procedures,the article proposes to set up a supervisory model that matches internal supervision and external supervision;With regard to the deficiencies in the procedures for remedy and remedy,the article proposes to establish an effective relief mechanism and determine the relevant compensation standards for the handling of property involved in cases.In addition,as China has not yet formed a complete criminal case-related financial lawsuit,the article also proposes the construction of financial assets related to the case.Property Litigation ",to protect the property rights of citizens.Finally,in the conclusion of the article,the article emphasizes that it is necessary to improve the statutory procedures for the handling of financial assets involved under the premise of establishing the concept of "paying equal attention to both human and financial resources."...