Research On Disposal Procedure Of The Property Involved In Stakeholder Economic Crime Cases

The successful handling of stakeholder economic crimes involving the masses cannot be achieved without proper disposal of the property involved in the case.However,there are still many procedural issues that are not stipulated in the disposal of the property involved in the case,and some procedural provisions do not apply to the economic crimes involving the public.The identification and disposal procedures of the property involved in the case are not valued,the disposal process is not open and transparent,and the subject of execution is chaotic.By analyzing the problems in the disposition procedures of the involved property,this article refers to the research of scholars and relevant regulations at home and abroad,and puts forward suggestions for improvement.The text consists of five chapters,the main contents are as follows:The first chapter is about a basic overview of the disposal procedures of the property involved in the stakeholder economic crimes.Clarify the definition and scope of the property involved in the case,explain the necessity of standardizing the disposal procedure,and propose the principles to be followed in the disposal of the case.The second chapter is about the pretrial procedure for the disposal of the property involved in the stakeholder economic crimes.Pre-trial disposal mainly includes pre-trial sale and return.The scope of pre-trial sale is unclear and the procedures are improperly stipulated.It is recommended to clarify the scope of pre-trial sale and improve the pre-trial sale process,determine the approval subject,start-up and execution procedures.Before the trial,the “timely”time point is ambiguous and the procedures are improper.It is recommended to be seized,sealed up,and frozen cautiously.It is not advisable to return the victim or fund-raising participants before the trial,so as to improve the procedures for the return of property unrelated to the case.The third chapter is about the disposal procedure of the property involved in the trial of the stakeholder economic crimes.In the trial procedure,there is no independent trial procedure for the property involved in the case.The victim and the fund-raising participants have a low degree of trial participation,and the application of ‘recovery' and ‘ordering refund' is confusing.It is recommended to include the property involved in the trial,determine the execution plan of the property involved in the trial,and standardize the expression of the judgment.The fourth chapter is about the disposal procedure of the property involved in the stakeholder economic crimes after trial.The disposal of the property after the trial mainly includes liquidation and confiscation.The execution subject of the settlement procedure is not uniform,the settlement list is difficult to determine,and the reimbursement mechanism is not perfect.It is recommended to determine the execution subject of the special team,establish acreditor registration system,and learn from the bankruptcy procedure.The confiscation judgment is ambiguous and difficult to implement.It is recommended to set up a confiscated property trusteeship system to improve the disposal of the property that has not been realized.The fifth chapter is about the relief procedure of the property involved in the stakeholder economic crimes.Set up procedures for determining the reversal of property involved in wrong disposition and perfect the state compensation for property losses to protect the property rights of victims and fund-raising participants.