Research On The Mechanism Of Deal With Criminal Property

Coping with the property involved in criminal case runs through the whole process of criminal proceedings.The property management system of criminal suspects emphasizes the connection between different judicial authority and specific links when judicial authority handles the property involved in criminal case.Specifically,the first is the measures adopted by the public security organization in the stage of criminal investigation,such as sealing-up,detainment,inquiry or freezing of property Secondly,after the case was transferred for examination and prosecution,the public security produced a list and transferred it to the prosecutorial organization wiht the case.If the case meets the the conditions for advance treatment,the public security and the prosecutorial organization will deal with it in advance.In the process of trial,the prosecution and defense parties will conduct a court investigation and court debate on the related issues of the property involved in criminal case under the organization of the court.Finally,the security make judgments on property involved in criminal cases,including pursue,confiscate,order to return and return the property to the victim or interested parties.In the process of coping with the property involved in criminal case,due to the "closed" procedural in pre-trial processing,criminal suspects and outsiders,interested parties are generally lack of participation during the process.What's more,the lack of independent trial investigation procedures and the blurring of trials,which caused by the judicial staff's inertia thinking of emphasizing conviction and sentencing but neglecting property protection and investigation centralism,makes many problems in coping with the property involved in criminal case in China's judicial practice.For example,the problems that the start-up of the compulsory measures such as sealing up and detaining of the property involved in the case is the same as the subject of the decision-making power,pretrial return,difficult to grasp the standard of handling in advance and procedure selection in the case of wrong handling after the case comes into effect,ultimately leads to the improper protection of the property rights of citizens,that is,the imbalance between the punishment of crimes and the protection of human rights.Regarding the improvement of the property management system of criminalsuspects,firstly,when adopt measures such as seizure,seizure,and freeze,the security can take full advantage of the opportunity of the procuratorial organizations to implement the "combination of arrest and prosecution" reform,giving the prosecutor in charge of case arrest and prosecution the power to decide the coercive measures in criminal cases.Meanwhile,taking advantage of the full coverage of criminal defense and the reform of the on-duty lawyer system,criminal suspects and defendants are given the right to apply for help from lawyers on compulsory measures such as the seizure and freezing of the property involved.Secondly,when the property rights of the case are clear and do not affect the rights of the suspect or other interested parties,they can be returned before trial and handle in advance,but it is not suitable for triad crimes,public economic crimes,and telecommunication network fraud crimes.For the cases that meet the conditions of pre-trial return or pre-handling have been returned before the trial of the case,the people's court shall review the legality and reasonableness of pre-trial return and pre-handling at the trial stage.Finally,with the substantive reform of court trials as the starting point,it is necessary to set up an independent court trial procedure for coping with the property involved in criminal case.At the same time,for certain specific cases,in order to conclude the trial within the legal time limit and avoid the delay of litigation,the trial court may first make a judgment on the conviction and sentencing of the defendant,and the handling of the property involved in the case may be handled by the executive department of the original court after the case takes effect,that is to say,the relative expansion of executive power is allowed.