On The Procedure Of Property Disposal In Criminal Case

It is generally believed that the property involved in a criminal case refers to the property related to the criminal offence,and its scope includes the illegal proceeds,the objects used for the crime,contraband and other dangerous goods.The disposition of the property involved in the case includes not only the procedural disposal during the pre-trial investigation and control stage,but also the return of the lawful property of the parties concerned before trial,as well as the return of the lawful property,the illegal income,the property used in the crime and the contraband after the judgment,Restitution,confiscation and destruction,such as executive disposal.The procedure of dealing with the property involved in the case has the characteristics of diversification in the subject of disposal,multiple types in the object of disposal,multiple levels in the legal basis of the disposition and multi-stage in the disposal procedure.In the stage of pre-trial investigation and control,as a result of the crude leakage of the procedure,the investigation and control organs are self-authorized in the compulsory disposition of the property involved in the case,decide on their own mode of power operation,and the exercise of power lacks effective supervision and restriction.It leads to errors and even illegal arrest of the property involved in the process of investigation and control of the case,which makes it difficult for the parties and interested parties to remedy the property rights of the parties and interested parties and so on.It is very important to establish the judicial review system in the pre-trial investigation and control procedure of the property involved in the case and to supervise the right of judicial examination,which is very important to the investigation power.In the pre-trial disposition stage of the property involved in the case,the investigation and control authorities also dispose of the property involved in the case on their own and are not subject to a third party A situation of supervision and restriction.Therefore,the judicial review procedure also needs to be extended to pre-trial disposition of the property involved in the case in order to regulate the pre-trial disposition of the property involved in the case.The trial procedure of the property involved in the case is at a substantive stage in the process of dealing with the property involved in the case.It should conform to the trend of the reform of the litigation system of "taking the trial as the center" and uphold the decisive position of the judicial jurisdiction in the disposition of theproperty involved in the case.In the trial procedure of the property involved in the case,the public prosecution organ shall make clear and specific allegations on the property involved in the case,and the parties shall prove,cross-examine and debate the matters concerning the identification and disposal of the property involved in the case under the centering judgment of the court.After hearing and evaluating the property involved in the case,the court shall make a comprehensive judgment and grant procedural relief to the party concerned that the outsider disagrees with the judgment of the property involved in the case.For the disposition of the property involved in the case after the judgment has come into effect,the enforcement system shall be established,which shall be examined by the court and carried out by the investigating organ.The investigation organ shall be responsible for the specific execution of the property involved in the case,including the return of the legal property of the victim,the order to return compensation,the confiscation of the illegal proceeds and the handling of the property used in the crime and prohibited articles,etc.At the same time,in order to ensure that the property involved in the case is executed according to law,the court shall examine the legality of the execution of the investigation machine and the objection to the execution by the parties and interested parties.This kind of system design not only accords with the power attribute of executive power and judicial power,but also accords with the judicial idea of separation of trial and ideation.