Research On The Public Mechanism Of Disposal Of Property Involved In Criminal Proceedings

The nature of the public mechanism of disposal of property involved in criminal proceedings is public judicature and executing in public, and its theoretical basis is the right of citizens to get information and the disclosure obligations of judiciary. Although our Criminal Law, Criminal Procedure, judicial interpretations and other normative documents on the disposal of property involved in criminal proceedings are covered, but the requirements are principled, and it lacks maneuverability. Moreover, there are also a number of issues in the disposal of property involved in criminal proceedings in judicial practice, especially information is not open enough, disposal is not public enough,relief is not in place and other issues are particularly prominent. Due to the disposal of property involved is not normative enough and complete disclosure system has not been constructed, the judicial becomes injustice, and the credibility is not strong and other issues will be endless. This paper focuses on public judicature mechanisms in the disposal of property involved in criminal proceedings. Through the study of basic theory,the author analyzes the current situation of the public disposal of property involved in criminal proceedings in judicial practice, and proposes its scope, means, procedures and safeguard measures, with a view to build the public mechanisms of disposal of property involved in criminal proceedings be helpful. The article consists of 6 parts, and it has about 32,000 words.The first part puts forward the fundamental questions of the public mechanisms of disposal of property involved in criminal proceedings. The nature of the public mechanism of disposal of property involved in criminal proceedings is public judicature and executing in public. Disposal of property involved in criminal proceedings includes the acquisition, transfer, storage and processing these four links, specifically refers to seizure, detention, transfer, storage, confiscation, recovery and other specific measures to deal with. It not only can protect the citizens right to get information, but also is the obligations of state organs.The second part is an analysis of current situation of the public mechanism of disposal of property involved in criminal proceedings. Our legislation on the disposal of property involved in criminal proceedings have some scattered provisions. In practice, the different levels of disclosure mechanisms are also have constructed on the ongoing exploration, including the return of property involved publicly, disclosed the results, public auction, centralized management, and so on. However, there are some shortcomings, such as attachment, seizure and other investigative activities are irregularities, the information platform is not perfect, it lacks of participatory processes for the interested parties, the relief measures is not complete.The third part is the scope of the public mechanism of disposal of property involved in criminal proceedings. The public mechanism of disposal of property involved in criminal proceedings includes public basic information, opening the documents and disposal procedures disclosed publicly, while noting its exceptions in the disposal of property involved in criminal proceedings.The fourth part is the manner of the public mechanism of disposal of property involved in criminal proceedings. In the modern information society, the disposal of property involved in criminal proceedings has different ways, and gradually showing a trend of diversification. In addition to inform, notice, public hearing these traditional open approach, it also should be increased additional information platform according to need, including SMS service platform, telephone voice systems, Internet information disclosure, Blogging, We-chat, official client platforms,and so on.The fifth part is the proceedings of the public mechanism of disposal of property involved in criminal proceedings. Depending on the disclosure, which can be divided into proactive procedures and the procedures according to application. First, the proactive procedures include screening content, selecting public meaning, and the timeliness restrictions; Second, the procedures according to application include the application, the corresponding authority accepts review, choosing the platform and the feedback after public.The sixth part builds the safeguard mechanisms of the public mechanism of disposal of property involved in criminal proceedings. It includes protecting the third person to participate in the disposal of property involved, establishing the centralized management system, promoting the disposal of property involved in information technology and standardization, and improving the relief mechanisms of the public disposal of property involved in criminal proceedings.