Research On Pretrial Disposal Procedure Of Property Involved In Criminal Cases

In criminal proceedings,the accurate identification and reasonable disposal of the property involved in the case is of great significance to the investigation of the facts and the handling of the case.The result of disposal of the property involved will not only affect the conviction and sentencing of the perpetrator,but also affect whether the property rights of other interested parties can be equally protected by law.The disposal of the property involved in criminal cases,which may run through the various stages of pre-trial,trial and execution,and the disposal procedure is highly closed,especially in the pre-trial stage.On the other side,the disposal procedure of the property,however,involved in the pre-trial stage should be strictly restricted,but the current laws of Our country mostly stay in principle.Because of this,this paper mainly research on the criminal property involved in a court trial before stage to adopt advance disposal related programs,based on the current our country is given priority to with law and judicial interpretation of normative documents of all types and at all levels,combined with the scholars point of view,to explore the problems existing in the judicial practice,analysis its causes,and tries to put forward the countermeasures of solving for realistic problem.The paper is divided into four parts:The first part firstly defines the concept and scope about the property involved in criminal cases,and makes clear the research object."Property involved in criminal law"refers to the physical assets or non-physical financial assets directly or indirectly related to criminal proceedings and with certain property economic value,including contraband,criminal tools,physical carriers for storing evidence,illegal gains and earnings.The second part is the legislative status of the pre-trial procedure of property involved in the current case.Firstly,it analyzes the types,applicable conditions,specific implementation and supervision of pre-trial compulsory measures on property.Secondly,the custody and transfer of the property involved;Finally,the procedure of prior disposal is sorted out from the aspects of subject,object,applicable conditions and internal and external supervision.The third part is the point of view that in the judicial practice,summed up the current property involved in the problems existing in the process of pre-trial disposal procedure,and analyzes the cause of the problem,such as imperfect relevant legislative provisions,and the lack of effective supervision and restriction mechanism,cause the case-handling organ of power,fuzzy boundaries on expanding our scope of property disposal at random time limit or,As a result,the custody and transfer of the property involved in the case were disorderly,and the property rights of outsiders or interested parties could not be effectively guaranteed.The fourth part tries to put forward some suggestions,which may at least in some ways,improve the pre-trial disposal procedure of property involved in criminal cases.One is to further clarify the scope of disposal of property involved in the legislation;The second is to clarify the disposal authority of the case-handling organ to implement the prior disposal procedure;Third,the establishment of judicial review system to limit or standardize the power of investigation;Fourth,the establishment of inter-agency custody institutions,to carry out centralized,unified and scientific management of the property involved;Fifth,from the two perspectives of the right to know and the right to apply for objection,we should improve the relief procedure of the rights of outsiders and protect their legal property rights.