Studies Of Disposal Principles Of Property Involved In The Gangland Crime

The disposal of property involved in the Gangland criminal cases always has aneffect on cracking down the Gangland crime and the legal belief of the public. Atpresent，the disposal of property involved in the Gangland crime has many legalloopholes in legislation and judicial practice，so on one hand, we need to do someexplorations and research of the fundamental feature of property involved in theGangland crime, and on the other hand, we should progressively improve theprinciples involved and then perfect them. Only in this way can we guide thelegislation for the disposal of property involved in the Gangland crime. Further more,we can enhance the operant level of our judicial practice. This thesis makes discussionon building the disposal principles of property involved in the Gangland crime and onpreliminary probe into the application of the principle.The count of the word number of this thesis is about35,000. Except for thepreface and conclusion part, the thesis is mainly composed of the followingcomponents:The first part: it is an overview of the disposal principles of property involved inthe Gangland crime. It mainly concerns the concept and the characteristics of theproperty involved in the Gangland crime, as well as China’s current regulations of theproperty involved in the Gangland crime. Clarifying the related terms and concepts isbeneficial for the further study of the disposal principles of property involved in theGangland crime.The second part: It is about the basis of the disposal principles of propertyinvolved in the gangland crime. Having made clear the basic concept of the disposalprinciples of property involved in the gangland crime, we now mainly probe into thereason why the disposal principles of property involved in the gangland crime need tobe discussed here. A lot of property involved in the gangland crime remains to bedisposed, and the imperfect legislation and judicial practice, the insufficient protectionon the third party’s legal rights have made it indispensable to defend justice andtheoretically guarantee basic human rights and, to maintain regular social order. Allthe above items provide a theoretical basis for the building of the disposal principlesof property involved in the gangland crime in the next part. The third part: As the core of this thesis, this part elaborates on the building ofthe disposal principles of property involved in the gangland crime. According to thepractice and theory basis mentioned above, the problem is probed from twoperspectives. The overall principles include principles of the rule of law, of thehumanitarianism, of the due process, and of the proportionality, and etc. The specificdivision includes four principles, such as the classification disposal principal, thephased disposal principal, the favorable principal for production and management,and the primary principal of civil rights. The building of the disposal principles ofproperty involved in the gangland crime from the overall and the specific perspectivescan guide us in the legislation, the administration and judicial practice of propertydisposals. It can also help us solve the problem of instability and lagging concerningthe foundation of law rules.The fourth part: It is about the application of the specific disposal principles ofproperty involved in the gangland crime. It is mainly based on the specific parts of thedisposal principles of property involved in the gangland crime. Combining theory andpractice, this part discusses the application of the disposal principles of propertyinvolved in the gangland crime and problems that should be paid attention to injudicial practice. The essential part of the application of the disposal principles lies inthat a balance should be set between the legal rules and legal principles so as toguarantee the supplementary function of the latter and to prevent the judges fromabusing their power.