Research On The Procedures Of Dealing With Property Involved In Illegal Fund-raising

The types of property involved in illegal fund-raising cases are consistent with the types of property involved in other property crimes,including illegal income and its fruits,criminal tools,contraband,and items with evidential attributes.However,due to the large number of people involved in such cases and the wide geographical area,the property involved has the characteristics of large amount of money,scattered sources,large number,and strong value-added.Moreover,after many circulations or conversions from the original currency,the property,The existence of tangible objects,such as automobiles and land,which are liable to involve complicated legal relationships.The disposal procedure of the property involved in illegal fund-raising cases is a complicated and sensitive topic.At present,my country’s handling procedures for such cases are divided into administrative and criminal litigation procedures,both of which deal with different subjects and the laws under which they are based,the former is led by the administrative agency,and the law based on it is the operational procedure specified by the State Council in 2015,which is parallel to the criminal liability procedure of the defendant.The latter follows the procedures for the disposal of the property involved in general property crime cases,and uses the people’s court as the substantive disposal agency for the property involved.The law is mainly based on two judicial documents jointly issued by the two highs and one in 2014 and 2019.The theoretical basis for the disposal of property involved in illegal fund-raising cases is mainly due to legal procedures,timely litigation,the principle of proportionality,and judicial review.The disposal of property involved in such cases is not only related to the punishment of crimes,but also related to the protection of the property rights of fund-raising participants,defendants and other stakeholders,and it is of great value to repair the damaged social relations.It is a state act and involves the deprivation of personal property rights.Without the intervention of judicial power,it is difficult to prevent the investigation and control agency from abusing its power.The principle of due process of law and judicial review should be followed.At the same time,for properties that are prone to depreciation and high maintenance costs,the principle of timely litigation should be applied to maintain their economic value.Check the ownership relationship in time,return the fund-raising participants in time,fully protect the citizens’ legal property rights,and avoid damaging the parties’ legal property rights due to long delays.In addition,the disposal of the property involved in illegal fund-raising cases should also be carried out under the framework of the principle of proportionality,should meet the appropriate requirements for the realization of the litigation purpose,and should not exceed its scope,and the losses of fund-raising participants should be minimized.At present,various parts of my country are also exploring the best procedures for the disposal of property involved in such cases,such as establishing a platform for information registration of fund-raising participants,disclosing the disposal of property involved in the case in the form of announcements,and exploring procedures for the settlement of funds raised.The above-mentioned explorations have achieved good public response and are of great significance to the modernization of national governance capabilities and governance systems,but there are still some shortcomings that need to be resolved urgently.First,the participants in the fund-raising process are insufficiently involved,their actual participation in court trials is insufficient,and the protection of the right to know the information on the disposal of the property involved is insufficient.Second,the defendant’s property rights protection is insufficient,especially when the company is suspected of committing a crime,the irregularities of seizure and freezing measures infringe on legal private property are more serious.Third,the court trial procedures for the property involved in the case have been simplified.During the trial stage,the prosecution and the defense do not take the initiative to raise objections to the nature of the property involved in the case,and the court often adopts simplified processing and lacks a debate on the property involved.Fourth,there are different entities involved in the disposal of the property involved.In practice,a special case team organized by the court of first instance,the public security organ,and the provincial people’s government of the place where the case occurred is responsible for the disposal of the property involved.Fifth,it is difficult to keep the property involved in the case.The limited storage space and storage methods cannot meet the problems of large,large,easy depreciation,and difficult maintenance of illegal fund-raising crimes.In addition,traditional custody concepts cannot meet the actual needs of maintaining social stability.In order to protect the property rights of defendants,fund-raising participants and other interested parties,and improve the disposal mechanism of the assets involved in illegal fund-raising,the identity of the victims of fund-raising participants should be reasonably defined based on the criterion of "whether personal or property losses have been suffered due to criminal acts".Fully guarantee the right to participate in the procedures of fund-raising participants.For example,a“provincial-level disclosure platform for the disposal of the property involved in the case” can be established to meaningfully protect the fund-raising participants’ right to know the disposal of the property involved in the case.When an enterprise is suspected of committing a crime,it is appropriate to adopt "live inspection" measures where there is still room for profit to minimize the adverse effects on the normal production and operation of the enterprise.At the same time,exploring "actions against property" can strengthen the court trial procedures for the property involved in the case,and clarify that the court is the subject of the final disposal of the property involved in the case,which can effectively solve the problem of disagreement between the parties and form a unified leadership.In addition,broadening the scope of advance disposal,refining its initiation requirements,and establishing a special review mechanism for advance disposal can solve the dilemma of custody of the property involved in such cases.