The Litigation Of The Disposal Procedure Of Property Related To Criminal Proceedings

The criminal property disposal procedure is a system system which includes the compulsory measures procedure,the first disposal procedure,the pre-trial return procedure,the judgment procedure and so on.The procedure has obvious structural defects,which leads to the abuse of power by the authorities and the arbitrary disposal of the property involved.Part I indicates the issues of the current procedure of dealing with property involved in criminal cases from the perspective of lawsuit structure.Currently,there exist several issues in the procedure of dealing with property involved in criminal cases,such as the weak judicial control mechanism in the pretrial stage,the latent nature of the judge procedure in the trial stage,and the construction defect of the invalid participation rights of the person not involved in the case.Part II demonstrates the legitimacy of the litigation of the property disposal procedure involved in criminal cases from both theoretical and realistic respects.In the aspect of theory,it is beneficial to the achievement of the substantive objective of effectively protecting citizens’ property rights,and is the intrinsic requirement of the value idea of procedural justice,according with the value idea of efficiency.On the practical side,it is conducive to restoring public credibility of the judiciary,propelling the substantive court trial,which tallies with the practical background of the "trial-centered doctrine" reform.Part III analyzes the lawsuit structure of the disposal procedure of property involved in criminal cases from the angle of view of comparative law.By means of investigating the two major legal systems representing the country’s compulsory punishment procedures,judge procedures and the participation of person not involved in the case in judge procedures,it sums up the beneficial experience of construction of judicial review system,relatively independent judge procedures,and case outsiders to participate in the trial mode in the construction of extraterritorial property procedures involved in criminal cases.Part IV,in allusion to the issues proposed previously,combined with the beneficial experience outside the country,it puts forward to structure a judicial review system dominated by the procurator in the pretrial phase,structure a relatively independent procedure of judging objects in the trial stage,and blend the involvement of person not involved in the case into the above-mentioned system building.Meanwhile,it improves the procedural safeguard mechanisms for the participation of person not involved in the cases,such as the procedures of disclosure and notification,and the procedures of execution.