Study On Property Seizure Measures Involved In Criminal Cases

In recent years,there are many cases in which the investigation organs illegally implement criminal seizure measures in judicial practice.Therefore,in order to further protect the legitimate property rights and interests of the parties and interested parties,it is necessary to improve the current criminal seizure measures in our country to reduce the violation of civil rights by public power.This paper takes two typical cases of state compensation and judicial relief issued by the supreme people's court in 2019 as the entry point and is divided into five parts.The first part is about the criminal involved in the property seizure measures overview.Firstly,the concept and scope of property involved in criminal cases are clarified.Secondly,it defines the concept of criminal seizure measures and sorts out the legislative evolution process of criminal seizure measures.The second part analyzes the criminal seizure measures from the perspective of positive value and negative factors,and thinks that the principles of proportionality,legal reservation and judicial review should guide the legislation and practice.The third part,based on the empirical data and typical cases,points out that the current criminal seizure measures have some problems,such as functional positioning defects,single execution mode,arbitrary expansion of seizure scope,lack of right relief notification system and imperfect right relief mechanism.The fourth part analyzes the causes of the above problems,and points out that the weak awareness of property rights,the existence of the property return system and the "streamline" litigation structure in China are the reasons for the frequent occurrence of criminal seizure in the investigation stage.The fifth part is to improve China's criminal sealing measures from the following six aspects by referring to the experience of foreign legislation and combining with China's national conditions: endowing criminal sealing measures with the function of property preservation,and imposing strict restrictions on the application of property preservation;Distinguish the objects of property preservation and evidence preservation,and add sealing methods with varying degrees of restriction;To establish a quasi-judicial review mechanism with the procuratorial organ as the main body;Improve the procedure of the right relief notification system and safeguard the parties' right to know;Establish the procedural remedy "dichotomy mode" which centers on procuratorial organ in the investigation stage and court in the trial stage;Abolished forfeiture return system,three authority set out in the courts independent property management agencies involved,the unified standards for financial security at the provincial level and ensure sufficient funds.