Perfection Of Disposal Procedure Of Property Involved In Criminal Case In Our Country

The disposal of property involved in criminal cases involves two aspects of procedure and entity.Accurate and fair positioning and disposal of property involved in criminal cases has a far-reaching impact on the conviction and sentencing of criminal suspects and defendants,and also affects the property rights of victims and even the credibility of China’s judiciary.For a long time,"heavy fighting crime,light property protection" thinking affects our country for a case the property part of the importance of our country has not efforts to move the main focus on the criminal of the property involved in the processing,but mainly concentrated in the criterion for the conviction,it formed the property rights of the parties and interested persons property rights safeguard relatively weak state,the property involved in the disposal of the judicial system of loophole and legislative blank.Although the Criminal Procedure Law of 2018 and the subsequent judicial interpretations have specifically and systematically improved the procedures for the disposal of criminal property involved in the case,there are still deficiencies in aspects such as the custody and identification of property involved in the case and the protection of the rights of the third party,and there is a need for further improvement.Based on the current situation of the disposal procedure of property involved in criminal cases in China,first of all,a judicial review procedure of investigating property involved before trial should be established to restrain the investigation behavior and control the power of investigation.Following the thought of taking trial as the center,the judicial power led the power of investigation,and promoted the transformation from the litigation structure centered on investigation to the litigation structure centered on trial.Secondly,the inter-agency custodian institutions should be established to construct a scientific custodian system and to save judicial resources,protect the legal property rights of participants and maintain judicial justice.Thirdly,let the property involved in the trial is no longer affiliated,relatively separated from the trial procedure of conviction and sentencing,form a relatively independent of the procedure of conviction and sentencing of the perpetrator of the criminal property trial procedure,on the basis of correctly dealing with the property involved in a better conviction and sentencing,to protect human rights and judicial authority.Finally,expand the channels for outsiders to participate in the proceedings.In judicial practice,outsiders’ participation in the proceedings is insufficient,and their property rights can not be effectively protected and timely relief.Therefore,it is very important for outsiders to participate in the criminal proceedings in a timely and effective manner.