Research On The Handling Of Property Involved In Criminal Proceedings

It is not only related to the property interests of the perpetrators,but also the legal property interests of the victims,the state and the third party can be effectively guaranteed.With the development of society,the types of property involved in criminal proceedings are more and more complex,and the amount of money involved is also increasing.The disposal of property involved in criminal proceedings has become an important and complicated issue 3.It is an important task for specialized agencies to deprive criminals of the crime and maximize the recovery of the losses of the state,society and victims.At the same time,the concept of modern rule of law requires that in criminal proceedings,the rights of the criminal suspects and defendants should be guaranteed.This is undoubtedly a higher requirement for the work of the specialized agencies,and whether the balance of the relationship between the two is directly related to the double purposes of the criminal prosecution and the protection of human rights.However,there are still many problems in the system of coercive measures in China.The unsound legal system,inadequate theoretical research and frequent disorder in practice require more attention to this problem.The text of this article is divided into the following parts:The first part is the basic theory of criminal cases involving property.It is mainly about the basic theory of property involved in criminal cases.The definition of the criminal property in the theoretical circle has the essence,the procedure and the argument that takes into account the two parties.This article holds that it is more reasonable from the procedural point of view.According to the provisions of criminal law,the scope of the property involved in the case includes the illegal income,the property for the crime and the contraband,but the complexity of the real life.The imperfection of the property and the law stipulates that the scope of the property involved in the case is disputed in practice;the handling mechanism of the criminal property involved in the criminal case includes the procedure control measures and the physical disposal measures.The procedure control measures refer to the seizure,the seizure and the freezing before the trial.The substantive disposal measures refer to the recovery after the trial,the remission,return and return.And confiscated.The second part is about the problems and causes in handling criminal cases.The problems in the handling of criminal property in criminal cases are discussed with specific cases.Because the development of the rule of law is not mature,it makes it difficult to carry out the principle of judicial refereeing in the process of dealing with the property involved in the case.The uncertainty of the law leads to the randomness of sealing up,detaining and freezing the property involved in the practice,and the imperfect supervision system.As well as the lack of legal sanctions for the illegal handling of property and property,the custody and transfer of the property involved in the case are confused;although a series of relief procedures and measures are stipulated in the law,the phenomenon of the property rights being infringed on and the relief can not be found in practice generally exist.The third part is about the overseas investigation and improvement suggestions of property disposal in criminal cases.By analyzing the regulations and experience of dealing with property outside the country,we put forward suggestions for improvement in the second part.In the light of the practice of the advanced legislative state on the compulsory measures for criminal related property and property,and through the analysis of the social situation in the transitional period of China,this paper puts forward some suggestions on how to improve the compulsory measures for criminal matters involved in criminal cases in China from the practical level,including the identification of the criminal property,the supervision mechanism,the management mechanism for the preservation of the property involved in the case,and the improvement of the criminal suspicion.There are several aspects of judicial remedy for suspects and other relevant rights holders.