Research On Third Person Protection On Property In Criminal Confiscation

Criminal confiscation of third party property refers to the confiscation of the property involved in the case in which the third party's property rights and interests exist.With regard to the confiscation of third-party property,China's criminal substantive law and procedural law lack due legislative regulations,and practices in judicial practice are also diverse and lack standardization.In addition,there is a lack of research on the protection of third party property rights in theoretical circles.Therefore,there is an urgent need to strengthen the research on the protection mechanism of third party property rights in criminal confiscation.Only Article 64 of our criminal law makes provision for the handling of the property involved in the case in principle,but it does not explicitly stipulate the protection of third party property rights.At the same time,the academic circles have been arguing for a long time about whether the property involved in the case can be obtained in good-faith acquirement,but the criminal law has not responded.In the criminal procedure law,there is no relevant supporting procedure to protect the property rights of third parties.In order to severely crack down on criminal activities in judicial practice,the ownership of the property involved in the case is often confiscated without distinction.Even if there is a distinction in the ownership of the property involved in the case,there is no uniform standard for distinction,and it is even very different,which seriously damages the authority of the law.The emergence of these problems is mainly the result of the comprehensive influence of factors such as the deviation of criminal justice concepts that have existed in China for a long time,the measurement of the interests of judicial organs in the handling of cases,and the lack of third-party's litigation subject status.The related systems of the United States,Japan and Taiwan in the confiscation of third-party property are maturer.The third party has been given sufficient litigation rights,such as the right to know,the right to participate in proceedings,and the right to relief.These practices have important reference significance for improving the third party property confiscation system in mainland China.China should improve the relevant criminal substantive law and litigation procedures,regulate the handling of third-party property involved in the case,broaden the channels for third party rights relief,constantly standardize the confiscation of third-party property,so as to form a systematic confiscation of third-party property protection mechanism.