Research On The System Of Seizure Of Property Involved In Criminal Proceedings

Although China's laws provide for the seizure system of property involved in criminal proceedings,and relevant departments have issued some judicial interpretations and regulatory documents,the phenomenon of illegal and noncompliant seizure in judicial practice is still very prominent.The existence damages the rights and interests of the parties,seriously affects the credibility of the judiciary,and is not conducive to the construction of a socialist society ruled by law.Therefore,standardizing the seizure system of the property involved in criminal proceedings is of great significance for ensuring the smooth progress of criminal proceedings and protecting the lawful rights and interests of the parties.This article is divided into the following four parts according to the chapter arrangement:The first part is the study of practical conditions.The first is the legislative status of the property seizure system involved in criminal proceedings,including the current legislative overview of the criminal seizure system in China's laws and the existing legislative deficiencies;the second is the judicial status of the property seizure system involved in criminal proceedings,through dozens of judicial practices.Typical cases show that the violations of laws and regulations in practice are still very prominent.The second part is the problems in the system of seizure of property in criminal proceedings in China.It includes four aspects: first,the initiation of criminal detention has not been well examined and supervised,which is mainly reflected in the unclear criteria for the examination and determination of the property involved in the case,the improper configuration of the main body that decides to initiate,and the lack of objective evaluation criteria for the initiation of detention;The execution procedures of the seizure are not standardized,which is mainly reflected in the unknown enforcement authority of the executive and the subject and the flawed or improper use of the seizure documents;the third is the chaotic storage process of the criminal seized property,which is mainly reflected in the lack of unified function and storage Restrictions on personnel and storage places and inadequate storage requirements for special items;Fourth,the illegal disposal of property involved and the lack of timely and effective remedies,which are mainly reflected in the chaotic setting and operation of criminal seizure disposal procedures and the lack of remedy channels after illegal disposal perfect.The third part is the empirical investigation of the property seizure system in extraterritorial criminal proceedings.It mainly introduces the experience of foreign countries in the criminal detention system of property seizure system.It summarizes and summarizes the advanced experience of foreign criminal detention system.These experiences include strict detention principles,substantial rights and obligations,and effective relief channels.The improvement of China's criminal detention system provides references and suggestions.The fourth part is suggestions to improve the system of seizure of property involved in criminal cases in China.This section proposes specific measures to improve China's criminal detention procedures.The specific measures are divided into four parts.The first is to reasonably allocate the right to decide on criminal detention,to expand the scope of applicants for criminal detention,to clearly implement the standard of certification for detention,and Establish a judicial review mechanism;the second is to standardize the enforcement procedures for criminal detention.The criminal detention should regulate the production and filling of legal documents and ensure the right of the right holders to monitor the scene;the third is to strengthen the storage of criminal detention properties,and a special case-related property management center can be established.And improve the special storage system;Fourth,improve the supervision and relief system of illegal detention,the procedures for return of detention and the appropriate expansion and strengthening of supervision and relief methods for illegal detention should be standardized.In this paper,through the practical investigation of the system of property seizure involved in criminal proceedings,analysis of the problems in criminal seizures,and at the same time drawing on the beneficial experience of foreign countries,and then put forward some perfect measures based on China's specific national conditions.I hope that we can provide suggestions for improving the detention system of the property involved in criminal proceedings in China.