Regulations And Thoughts Of Interested Party’s Rights And Interests In Pending Confiscation Procedure

In the judicial practice,many major criminal cases because of the suspects,the defendant to escape or death and can not start the trial process,the illegal property can not be long-term recovery,to the state,the collective and the victims caused huge economic losses.To this end,the "Criminal Procedure Law" to increase the suspects,the defendant escape,death cases of illegal confiscation procedures,highlighting the state to combat corruption and bribery and terrorist crimes and other major crimes of the determination,increased the crime And is also in line with the requirements of international conventions to which the United Nations Convention against Corruption and resolutions relating to anti-terrorism have been added.Since the development of the program,in the Shangrao City,Li Hua Bo case,Nanjing Zhang Xiaoqi case,Dongying City,Liang Dongxiao case and other major cases to be applied.To a large extent make up for the blank before the law,is a historic advance.In the case of criminal suspects and defendants in the past,the court can not make a final judgment on the criminal responsibility of the defendant,nor can it deal with the illegal gains or other property involved.However,in the illegal confiscation procedures,through the criminal responsibility and the disposal of property involved in the separation of the problem,to a large extent solve the problem of legal loopholes.At the same time there is another problem,that is,the suspect,the defendant can not court to court investigation,the court debate,the prosecution by virtue of their own relevant evidence to the trial authorities to apply for confiscation of property involved,so that the court May be reduced to go through the field.In order to judge the facts of the case,to make the right decision,to protect the legitimate rights and interests of stakeholders,should be given the right to participate in litigation.At the same time,however,we should also see that the interests of the important litigants as the main body of the lawlessness of the offense are only a few words,which is obviously not conducive to the participation of interested parties in litigation and to their own legitimate rights and interests.Although the "two highs" promulgated judicial interpretation to a certain extent,the interests of stakeholders involved in the illegal confiscation of the provisions of the procedures,which can regulate the operation of the procedure in the judicial practice,but only rely on these limited judicial interpretation is still unable to improve Change the operability of the program.As a result of the special procedures set up in 2012,and the experience of judicial practice is relatively lacking.At present,the research of the confiscation procedures of the criminal procedure law in our country is still relatively preliminary,and the related academic achievements are not particularly important,including : A comparative study of the procedures for the confiscation of illegal immigration in China and the relevant legislation and system abroad(the United States 2002 United States Civil Confiscation Reform Act and the German Code of Criminal Procedure);from the procedure itself,To clarify the burden of proof of the procedure by discussing the respective duties of the public prosecution authorities and the judging organs in the forfeiture procedure.Unfortunately,there is a lack of interest in the discussion of these issues,and there is no systematic and in-depth study of a range of issues involved in the involvement of interested parties in litigation.As we all know,in the illegal confiscation procedures,due to the suspect,the defendant died or escape and other reasons can not attend court proceedings,so the focus of the program is not concentrated in the criminal suspects,the defendant’s criminal responsibility,but only concerned The disposal of the relevant property.In this case,the stakeholders through the participation of litigation,and the public prosecution to debate,the formation of two anti-litigation structure,so as to safeguard their legitimate rights and interests.The litigation participation of interested parties plays a role in balancing the litigation to a large extent and is the concrete implementation and implementation of due process in the process of confiscation of illegal gains.Therefore,the legislation must define the litigation status of the interested parties and rationally design the stakeholder participation and litigation rights of the interested parties so as to ensure that the legislative value of the procedure is finally realized.The reality is that,in particular,in some cases where the illegal confiscation procedure applies,certain procedural provisions related to the stakeholder,such as participation in the manner of litigation,the burden of proof of the interested party and the applicable standard of proof,When there is a vague and unreasonable place,it is clear that the interests of the interests of stakeholders and legitimate property rights and interests of the protection is unfavorable.At present,despite the academic community on the nature of the illegal confiscation of the proceedings there are still controversial issues,but it is undeniable that any legal system and regulations need to continue to improve and optimize in practice,in the "Code of Criminal Procedure" The establishment and regulation of the program on China’s current judicial practice is of great significance.The participation of interested parties in the process of confiscation of illegal proceeds,the design and construction of sound lawsuit,has a decisive effect on the process to better achieve the value and purpose of legislation.Therefore,this article looks forward to through these in-depth discussion of these issues to sort out the interests of stakeholders involved in the illegal confiscation of the inadequacies of the procedures for the completion of the illegal confiscation procedures to put forward some constructive comments,and then in the procedural level,clear interest The status of litigation,the right to litigation and the litigation obligations,smooth interest in the interests of the right to protect the channels to ensure the illegal operation of the confiscation of illegal procedures.