The Research Of Illegal Fund-raising Crime Disposal Procedure Of Criminal Property

Disposal of criminal-related property is a complex and important topic,which not only involves punishing crimes,protecting the legal property rights of the parties and related stakeholders,but also how to advance the modernization of the national governance system and capacity.China's criminal law,since the Eighteenth National Congress of the Communist Party of China,the Party Central Committee,the State Council,and the Supreme Judiciary have set out principles for the disposal of property involved in criminal cases.However,the effectiveness of the law depends on the same frequency resonance among law enforcement,judicial personnel and other members of the society.In recent years,the practical dilemma caused by the disposition of the property involved in the case has revealed many deficiencies in the disposal of criminal property.Based on the concept that error prevention is better than error correction,this article takes the type of crime that involves the most difficult and frequent disposal of property in criminal cases as an entry point: illegal fundraising crimes,combines many cases,and analyzes the general nature of the disposition of property in illegal fundraising cases.This paper aims to provide feasible countermeasures and Suggestions for improving the disposal of property involved in such crimes for the reference of legislators and judicial workers.In addition to the introduction and conclusion,this article is divided into five chapters.The first chapter is an overview of the disposition of property related to the economic crimes involving the public,which is divided into four sections.This paper explains the connotation and extension of property involved in criminal cases,Which is the basis for the study of the disposal of the property.The second section introduces the concept and characteristics of the crime of illegal fund-raising,And delineates the context of this article's research on the disposal of the property involved in the case.Section three reviews the relevant laws and regulations,And points out that relevant legislation has the characteristics of low level of effectiveness,diverse formulation bodies,And lack of systemic characteristics.Section four summarizes our current innovative measures in handling the property involved in illegal fund-raising cases through preliminary investigations.The second chapter analyzes the particularity of the disposition of the illegal fund-raising related property in typical cases.The research on this topic must be based on the universality of the disposal of criminal-related property,and it must go beyond the universality and seek the specificity of its disposal.This chapter is divided into two sections.The first section first lists the basic situation of several typical illegal fund-raising crime cases in China,and particularly introduces the disposal of the property involved.The second section conducts a typed analysis of typical cases,focusing on analyzing the particularity of the disposal of this type of crime-related property from the aspects of criminal-civilian crossover and disposal procedures,and provides a basis for targeted search for problems and suggestions for countermeasures.The third chapter is the empirical study of property disposal involved in illegal fund-raising cases in C city,which consists of three sections.The first section mainly carries on the macroscopic inspection to the practice sample,presents the C city illegal fund-raising crime main occurrence type,the trial situation,the system construction and so on the basic situation.The second section summarizes the experience of C city in dealing with property involved in illegal fund-raising,including the custody of property involved and the participation of fund-raising participants.The third section classifies and combs the sample cases,and the problems behind the export of the cases are as follows: the pre-trial stage does not pay enough attention to the property investigation and control involved in the case;Lack of necessary investigation and trial of the property involved in the trial;the Conflict of Criminal and Civil Procedure during the execution phase,The fourth chapter is the reason for the difficulty in disposing of the property involved in the illegal fund raising case,which is divided into two sections.The first section explores the reasons for the difficulty in disposing of the property involved in the case from three aspects: the lack of legislation regarding the disposal of the property involved in the case,the insufficient cooperation of the three organs of the Public Prosecution Law,and the judicial cognitive bias of the law enforcement judicial personnel.In the second section,based on a comprehensive consideration of legislation and regulations for the disposal of foreign-related cases,we strive to find a balance between legal transplantation and China's national conditions,and try to propose improvements to China in terms of attaching importance to legislative norms and establishing a judicial review system for compulsory measures against property.The fifth chapter proposes countermeasures for improving the disposal of property involved in illegal fund-raising cases.It is divided into two sections.The first section,based on the existing theory,gives a complete idea of the continue to promote the disposal of the work of information,unified thinking of handling order to deal with Conflict of Criminal and Civil Procedure cases,rebuild the value concept of property disposal involved.The second section provides research and judgment on practical cases,including the formulation of normative documents at the judicial interpretation level,the implementation of quality and efficiency management of the investigation and handling of the property involved in each case,the substantive development of the investigation and guidance of the investigation,and the strengthening of the trial procedures of the property involved path.