On The Perfection Of Property Preservation System Of Criminal Procedure In China

The property preservation system in criminal proceedings refers to the system in which the judicial organs have evidence to prove that the criminal suspects and defendants are preparing,are transferring and have concealed the property in the criminal proceedings,which may lead to the difficulty in implementing the compensation for the loss of victims and the state property penalty in criminal judgments,and the judicial organs take preservation measures for the legitimate property of the criminal suspects,defendants or stakeholders.There are the following deficiencies in the relevant provisions of the current criminal procedure and judicial practice.First,there is only the property preservation system of criminal incidental civil action in China ’ s current ’ criminal procedure law,’ and there is no provision for the property preservation system of criminal procedure in ordinary procedures,namely,the property preservation system of criminal procedure that guarantees the refund ordered in criminal judgment and the execution of state property penalty,Second,the provisions of judicial interpretation are not only not applicable to the whole process of criminal litigation,but also beyond its judicial authority,third,there is a tendency to replace property preservation with evidence preservation,fourthly,the defendant ’ s property investigation system of criminal litigation property preservation system is missing,the investigation organs expand the scope of evidence preservation and the court requires the defendant to pay fines in advance.How to design the property preservation system in criminal proceedings more standardized and reasonable,and better protect the compensation of victims in criminal judgments and the smooth implementation of the state property penalty is an important research topic in criminal proceedings.In view of the above deficiencies,it is suggested that the property preservation system of criminal proceedings should be comprehensively established in the ’ Criminal Procedure Law’,and the specific system design is as follows: Firstly,the specific scheme of establishing the property preservation system of criminal proceedings in ordinary procedures should be clarified,and the property preservation system of criminal proceedings in ordinary procedures should be added in the future revision of the ’ Criminal Procedure Law ’,so as to ensure that the judicial authorities can take property preservation measures against the legitimate property of the accused at all stages of criminal proceedings,and give the public security organs and procuratorial organs the power to preserve the legitimate property of the suspects,defendants and stakeholders in emergencies;the second is to establish the power restriction and right relief system of the criminal litigation property preservation system of ordinary procedure,and strive to protect the parties and stakeholders ’ right to know,review,legal aid,legal aid,appeal and application for the procuratorate protest,state compensation and other relief rights.If necessary,the court can establish a relatively independent procedure for the identification and disposal of the protected property involved;The third is to construct the property investigation system of the accused in the property preservation system of criminal proceedings.The system is based on the principle of voluntary reporting of the accused,guided by the investigation of the investigation organ,supervised by the procuratorial organ,assisted by other individuals and society,supplemented by the court investigation,and strengthens the common collaboration of the three organs in the property investigation of the accused in the property preservation system of criminal proceedings.This is conducive to solving the problem of ’ difficult execution ’ of judicial organs,maintaining the unity and dignity of the socialist rule of law,and promoting the continuous development and improvement of China ’ s criminal litigation preservation system.