| With the rapid development of society,the disposal of property involved in criminal proceedings has become more and more complicated.For a long time,under the influence of the traditional concept of "heavy case and light property",my country’s emphasis on conviction and sentencing far exceeds the handling of the property part of the case,and the property rights and interests of the parties and stakeholders cannot be fully guaranteed.In recent years,more and more cases of improper disposal of property involved have been exposed to the public eye,challenging judicial authority and impartiality,and greatly reducing judicial credibility.In a criminal case,the property involved has both economic value and evidential value,and its identification and handling results are not only related to the severity of the criminal responsibility of the defendant or criminal suspect,but also related to the protection of the state and citizens’ property rights.In view of this,it is particularly necessary to summarize the problems exposed in the current process of disposing of the property involved in the case in our country,and then improve the procedure for the disposal of the property involved in the criminal procedure.Based on the relevant provisions at this stage,this paper conducts research from the basic theory and practice,and discusses from the following four aspects:The first part firstly defines the concept of the property involved in criminal proceedings,analyzes the type of property involved,and clarifies the connotation and extension of the property involved.Secondly,it discusses the principles that should be followed to regulate the handling mechanism of the property involved in the case.The second part is closely related to the relevant regulations and the actual situation of judicial practice.According to the process of criminal procedure,it analyzes the problems existing in the pre-trial,trial and execution stages of the property disposal procedure in turn.The third part,by examining the relevant procedural mechanisms of the two major legal systems on behalf of the state on the disposal of the property involved in the case,draws on the useful experience from outside the territory,so as to explore the solution method to improve the disposal procedure of the property involved in the criminal procedure.The fourth part is based on the main problems highlighted at the current stage,and on the basis of reasonably learning from foreign advanced experience,puts forward a perfect concept that suits the development needs of my country’s judicial practice,and does its part to improve the procedures for the disposal of property involved in cases in my country. |
