Research On The Relief System Of Property Involved In Criminal Procedure

As the proverb goes,"No remedy,no right." The relief of the property involved in criminal procedure is not only a remedy for the legal property rights of citizens infringed by public authorities,but also a rectification of the illegal activities of public authorities in the disposal of property involved in criminal procedure.It protects citizens' property rights by restricting the expansion of public power and has important value.However,Chinese legislation and academia pay more attention to the disposal and management of property involved in criminal proceedings,and relatively neglect the relief system.Moreover,the relevant legislative provisions are more principled and lack operability.The paper takes the perfection of the relief system of the property involved in the criminal procedure as the starting point,and analyzes the important value of the relief system based on the investigation of the concept and type of the relief of the property involved in the criminal procedure.Then,the paper sorts out the legislative status of the financial relief involved in criminal proceedings,looks for the problems in the operation of the financial relief involved in criminal proceedings,and analyzes the causes of the problems.Finally,by drawing on relevant foreign legislation and practical experience,it puts forward suggestions to improve Chinese criminal litigation property relief systemThe paper is divided into five parts,the main contents are as followsThe first part is the concept and type of property relief involved in criminal procedure.Firstly,the property involved in criminal procedure is defined,and the connotation and extension of the property involved in criminal proceedings are clarified On this basis,the concept and essence of the relief of property involved in criminal proceedings are further discussed.Secondly,it analyzes the types of property relief involved in criminal proceedings.The types of relief can be divided into procedural relief and consequent relief according to the different emphasis of relief procedure and relief responsibilityThe second part is the value analysis of the relief system of property involved in criminal procedure.The relief system of property involved in criminal procedure has significant value,which can not only protect the property rights of citizens and the state,but also safeguard the value of evidence,realize judicial justice,and maintain social order.The third part is the legislative status of the relief system of property involved in criminal procedure.The provisions on the relief system of property involved in criminal procedure in the current legal documents can be inspected from the aspects of process relief system and result relief system.The procedural relief system for the property involved in criminal proceedings includes the complaint system,the appeal system and the national compensation system,while the resulting relief system for the property involved in criminal proceedings includes the physical sanction system and procedural sanction system.The fourth part is the problems and causes of the property relief in criminal procedure in practice.The application rate of the procedural relief system is low in practice,and the relief effect is not obvious;the resulting relief system is not implemented in practice,and the accountability is lacking.The main reasons are as follows.First of all,the judicial idea deviation of "heavy strikes over protection" over"personal rights over property" is biased.Second,the relief system of property involved in criminal procedure does not have an independent legal status.Third,the provisions of the scope of relief are imperfect.Finally,the management model and supervision system of the property involved in criminal proceedings are imperfect.The fifth part is the perfect path of the relief system of property involved in criminal procedure.By drawing on relevant foreign legislation and practical experience,it puts forward suggestions for improving the relief system.Specific improvement measures are proposed on the path of strengthening relief awareness,clarifying the relief scope,perfecting the process relief system,perfecting the result relief system and constructing the supporting system.