The Research On The Protection Of The Rights Of Criminal Suspect And Defendant In Criminal Confiscation Procedure

As a special procedure in the field of criminal procedure,criminal confiscation procedure separates the prosecution of criminal responsibility of persons from the treatment of objects,the aim is to solve the problem of dealing with the property involved in the case when the criminal suspect and the accused are hiding or dead.The criminal suspect,the defendant,the close relatives,the legal creditor as well as the victim will have the interest relations with the case processing result,in the criminal confiscation procedure exists to the interested Party's right protection insufficiency question.The Standard of proof in the criminal confiscation procedure is an important factor in whether the procuratorial organ can file an application for confiscation of illegal income and whether the court can make a confiscation decision,avoid "sick" prosecution.The right to know,the right to defense and a series of right to relief are the basis for the criminal suspects and defendants to safeguard their legitimate rights and interests and to guarantee the due process.The right to know is the premise of the criminal suspect and the defendant's right to know and obtain the information of the case,the right to defense is the most important defensive right of the criminal suspect and the defendant,which is not only beneficial to the guarantee of substantive justice,but also the requirement of the substantive trial.Right of objection,right of appeal and right of appeal are the relief rights of the parties when they think that their substantive rights and interests have been violated by the procedure.In short,if there is no perfect relevant system and tamping legal defense mechanism in the criminal confiscation procedure,the legal rights and interests of related stakeholders will inevitably fall into an unexpected crisis.