Research On Judicial Protection Of Property Of Interested Persons In Criminal Cases Of Illegal Fund-raising

At present,cases of illegal fund-raising crimes occur frequently.Due to the complicated legal relationship,the large number of victims,the wide range of property involved,and the unreasonable and unlawful procedures for the disposal of the property involved,the property of the interested parties and the case are involved.The property was mixed and intersected,and was mistakenly treated as property involved in illegal fund raising.However,the interested parties cannot effectively maintain their own assets through the existing procedures.Therefore,it is necessary to re-examine the procedures for disposing of the property involved in the illegal fund-raising crime cases,and protect the interested parties property in a reasonable and lawful manner.In addition to the introduction and conclusion,the article is divided into three parts to discuss:The first part describes the current status of judicial protection of the property of interested parties in illegal fund-raising crimes.When the public security organs took compulsory measures on the property involved,the complex legal attributes of the property involved were not screened,and its scope was broadened to understand,ignoring the possibility that the property of the interested person might be mixed with and intersecting with the property involved.The property of the interested party is treated as the property involved in the case.On this basis,the preemptive actions taken by the public security organs on some of the property involved in the case have replaced judicial disposal and played a final role,most likely to damage the property interests of the interested parties in the case.In the judicial practice,the method of obscuring the scope of the victim of the case improperly includes the stakeholders.This procedural arrangement makes the interested parties lose their independent litigation interests,lack proper litigation rights,and cannot express their claims in criminal proceedings,which in turn leads to the infringement of their property.The second part analyzes the reasons for the insufficient protection of the stakeholders' property.In the current process of disposing of property involved in illegal fund-raising crimes,the leading party is the government working group,and the stage of exerting the effectiveness of the disposal is mostly before the criminal court trial.The lack of efficiency in the regulation of judicial procedures is the main reason for the outcome of the disposal of the property involved in the court.The result of the disposal of the property involved in the case is precisely the property of the property of the interested person.In the traditional criminal procedure,the trial of "person"-the issue of conviction and sentencing is the focus of the procedure,and the trial of "thing"-the disposal of the property involved is Neglected by the trial.The court trial neither proactively supervises the public security organ's preemptive actions,nor conducts detailed court investigations on the property rights of the property involved in the court trial,and usually only makes a general judgment on the property involved.Such procedural arrangements further lead to The neglect of the property protection of interested parties.In addition,the interested parties do not have proper litigation status in criminal proceedings,and they do not enjoy the right to litigate to protect their own rights and interests,which further aggravates the inadequate property protection of the interested parties.The third part puts forward the conception of perfecting the procedure of protecting the property of interested parties in criminal cases of illegal fund-raising.First of all,it sorted out new concepts for the improvement of procedures,and set up a corresponding judicial procedure regulation plan for the precautionary actions of public security organs.Then it clarified the methods and stages of the disposition procedures of the involved parties involved in the litigation stage,which laid the foundation for the substantial participation of the interested parties in the criminal court trial.Taking into account the particularity of the case of illegal fund-raising crimes and the characteristics of the criminal procedure,it is clear that the interested party should participate in the disposition of the property involved in the case as a third party with independent claim rights,which can be exercised at all stages of the procedure Litigation rights,and get corresponding rights relief.