Research On Criminal Seizure Procedure In The View Of Property Right Protection

Criminal investigation activities are closely related to the personal and property rights of citizens.For the criminal investigation activities related to personal rights and interests,China's Criminal Procedure Law strictly limits its starting conditions,systematically regulates its enforcement rules and relief rules to prevent citizens from being improperly violated.However,according to the criminal investigation activities related to property rights and interests,the relevant provisions of China's Criminal Procedure Law are slightly inferior to those of criminal investigation activities involving personal rights.Taking the criminal seizure procedure as an example,China's current criminal seizure procedures have much problems,such as vagueness of legal rules,lacking of theoretical research,and confusion in judicial practice.Therefore,we need to improve our criminal seizure procedures,limit the abuse of criminal liens,and standardize the management of seizure of property,smooth the channels of relief for illegal seizures to protect the rights and interests of citizens.This article takes the criminal seizure procedure in our country as the research object.From the perspective of the protection of the citizen's property rights,it uses comparative research,case studies,literature research and other methods.According to the current status of China's criminal seizure proceedings,it finds out that existing problems and analyzes the causes of the problems.Put forward sound suggestions.This article is divided into five parts:The first part first raises the thinking on the status of criminal seizure proceedings through cases,analyzes the problems existing in our country's criminal seizure procedures from the cases,and illustrates the seriousness of criminal seizure and the urgency of solving the problems.The second part elaborates the basic concept of criminal seizure,that is,the subject,object and main characteristics of criminal seizure,and the functions that the criminal seizure procedure should have,namely,the smooth implementation of the proceedings and the protection of the citizen's property rights.In the third part,according to the legislative status and typical cases of China's criminal seizure procedure.It is pointed out that there are many problems in China's criminal seizure procedure:the criminal adjudication procedure determines the administrative mechanism,the self-determination mechanism lacks supervision;the criminal seizure enforcement is not standardized:the witness system is not perfect,Inadequate or defective seizure list,inversion of procedures,disorganized management of seized property,lack of unified linkage measures,lack of operability in management regulations and ambiguity regarding management responsibilities,and lack of remedial channels.These can only be obtained through complaints,accusations,or applications for state compensation,and the provisions of the rules of relief are too principled.The fourth part analyzes the cause of the problem the problems of our country's criminal procedure.The main reason for the administrative decision mechanism of the criminal detention procedure is that the legislators have too much trust in the investigative power,and the design of the criminal seizure system can not prevent the abuse of power.As a result,the criminal seizure system is misplaced and is not included in the scope of compulsory measures.There are legislative reasons leading to the illegal enforcement of criminal seizures,but the lack of awareness of the procedural awareness of law enforcers and insufficient attention to the property rights of citizens has a profound impact.The most important reason for the confusion in the management of criminal seized property is that the relevant provisions on the management of criminal seizure property are vague and not conducive to specific operations.The lack of criminal seizure and relief channels is inextricably linked with the legislators' lack of attention to the right to relief of citizens' property rights.The fifth part put forward a specific measures to improve the criminal seizure procedure in China:First,drawing on the US judicial review system for criminal seizure to establish a judicial review mechanism for criminal seizure in accordance with China's national conditions;second,by improving the witness system and regulating to use the seizure lists.In addition,procedural sanctions such as illegal seizures are used to regulate the enforcement of criminal seizures.Thirdly,based on existing reforms in China,the establishment of a centralized management center for financial assets is under the common jurisdiction of the three organs of the Public Prosecution Law.First,We need to improve the physical management platform to classify and manage the property involved,special properties are entrusted to social professional organizations,and the seizure of property is criminally transferred with documents;secondly,We need to improve the information management platform to achieve "one item and one yard" and satisfy the holding of property held Persons and related personnel have the right to information about the property involved in the case;finally,the clear responsibility for the management of the property is detained and the property management center in charge of the case is responsible.Fourth,We need to improve the methods of criminal seizure and remedy.In one way,the court shall be the subject of the review,clarify the rules of appeal and accusation,and make the appeal and accusation system procedural.In another way,We need to improve the state compensation system,specify the scope of illegal seizure,and expand the range of illegal seizure compensation.