Research On The Disposal Of Criminal Property

Traditionally,criminal justice has always focused on the conviction and sentencing of suspect and defendant,and to find out the truth is justice.But in fact,the property involved in criminal cases is not only related to how to punish criminals,but also related to the protection of property rights,which plays a huge role in promoting the modernization of national governance system and governance capacity.Therefore,we must pay enough attention to how to deal with it,that is,to clarify the boundary between legality and illegality.Although the criminal procedure law,judicial interpretation and even some normative documents issued in succession have made relevant provisions on the disposal of property involved in criminal cases,various regions are constantly innovating characteristic mechanisms and providing many excellent experiences for solving the problem of property involved in criminal cases.However,in the current situation of pre-trial disposal and post-trial disposal,administrative disposal and criminal justice disposal,the problems of delayed disposal,expansion,secrecy and arbitrariness still exist,resulting in increasingly fierce conflicts and contradictions between criminals and their families,victims,interested third parties and public security and judicial case handling organs.To explore its essential reasons,it is influenced by many factors,such as the traditional judicial concept of "focusing on cases but neglecting things",the increasingly extensive interests involved in some crimes caused by the continuous development of the market economy,and the unclear standards of the property involved in the case.For example,the investigation organ’s responsibility to find out is not in place,the procuratorial organ’s responsibility to prove is not standardized,and the court’s duty to find out is not effectively implemented,resulting in the vague content of the judgment and so on.However,without identifying the source and ownership of the property involved in the case,it is difficult for the disposal mechanism to play its role in a timely and effective manner.After the final judgment,the execution of the property involved in the case lacks the unified coordination of the court and the limitation of the time limit.The slow disposal process leads to the increasingly fierce contradiction between the demands of the victims.This paper believes that the premise of reconstructing the new path of criminal property disposal is to clarify the specific standards of the property involved in the case,so that there is evidence to follow in the process of investigation,trial and law enforcement.At the same time,we should standardize the investigation and disposal of the property involved in each stage of the criminal procedure: standardize the identification responsibility of the investigation organ;strengthen the burden of proof of the procuratorial organ;enhance the certainty of the court sentence and strictly standardize the implementation.In the aspect of responsibility investigation,we should implement the principle of punishment for mistakes.Starting from the various stages of criminal proceedings to find the root of the problem and solve it,there will be an opportunity to improve the disposal of property involved.This is not only related to the protection of the legitimate property rights and interests of the relevant subjects,the construction of judicial credibility and authority,but also related to the progress and development of China’s rule of law.