Research On The Investigative Supervision Of Our Mandatory Measure System Of Property Involved In Criminal Cases

Property-based coercive measures are the means or methods used by investigation organs and judicial organs to temporarily deprive relevant personnel of possession of the property involved and prohibit its transfer in accordance with legal procedures in order to prosecute crimes and ensure the smooth progress of criminal proceedings.They mainly include measures such as seizure,seizure and freezing,which are similar in nature to personal coercive measures and are mandatory.If they cannot be effectively supervised and restricted,they may be abused and infringe upon citizens' lawful property.Therefore,it is necessary for the institutions exercising the supervisory power of investigation to supervise the compulsory measures of property.In our country,the main body exercising the power of investigation supervision is the procuratorial organ,which is the legal supervision organ stipulated in our constitution and belongs to the judicial organ.Therefore,the investigation supervision of property compulsory measures belongs to judicial supervision,and its value mainly lies in restricting the exercise of investigation power,protecting the property rights and interests of the parties and interested parties,and ensuring judicial justice.At present,the property mandatory measures lack the prior examination and approval procedures,the procuratorial organs have not paid much attention to the investigation and supervision functions for a long time,and the related property relief system is not perfect,making the legal property infringed by the investigation power unable to get judicial protection,and the investigation and supervision status of the property mandatory measures is worrying.In the context of judicial reform,based on the legal supervision function of procuratorial organs,following the law of legal development,properly expanding procuratorial power,establishing the judicial review system of compulsory measures of property by procuratorial organs,improving the relief mechanism of parties' rights,and giving full play to the supervision role of lawyers in illegal investigation can effectively play the role of procuratorial organs in investigation supervision and improve judicial credibility.Procuratorial organs should follow the principles of neutrality,restriction and necessity in exercising their power of supervision,which will not prevent the investigation organs from investigating crimes,but also provide timely supervision and effective relief.This paper analyzes the outstanding problems existing in the supervision of compulsory measures of property involved in criminal cases in our country,puts forward the relevant system of improving the supervision of investigation of compulsory measures of property in our country.this article is divided into four parts.The first part expounds the basic theory of compulsory measures of property and the concept of investigation supervision.The second part analyzes the current situation of investigation supervision of compulsory measures of property in China.The third part demonstrates the necessity and feasibility of investigation supervision of compulsory measures of property in China.The fourth part puts forward concrete ideas to improve the investigation supervision of compulsory measures of property in our country.