Study On The System Of Criminal Seizure Of Property In China

The system of criminal seizure involved in property is a compulsory means of compulsory withdrawal and detention of the property involved in the criminal proceedings,which is very important for preserving evidence and subsequent handling of property.It can effectively fix the evidence to ensure the smooth progress of the litigation activities,and the night can effectively reduce the economic losses of the victims of the state and criminal cases.For a long time,China’s heavy entity light procedure concept has far-reaching influence,the property involved in criminal detention system is not clear in the legislation,seizure start and right of approval by the investigative authorities,leading to widespread illegal detention,thus summarizes the causes of our arrest system problems and analysis of the problems,and then proposes the solution path,is the significance of this study.The existence of the system of seizure can be attributed to the lack of legal detention procedures,illegal seizure of repeated prohibitions.The causes of these problems are many,the first is the investigation department has approved the right of criminal seizure,and enjoy the criminal seizure of executive power,what time to start the seizure procedure,how to start,completely by the investigating authorities to decide,which leads to the arbitrariness of the seizure procedure start.Second,the scope of goods that can be seized is not clear.Although our law does not stipulate the items that are not related to the case,the investigation authorities are very likely to expand the scope of the seized goods in order to detect the need for crimes.Third,the management and refund system of the seized property is not perfect.The custody of the investigation authorities after the seizure of the property is not transparent,and the time is not yet in time.There is no effective supervision mechanism for the custody of the seizure,which leads to the occurrence of the unpaid case.Fourth,efforts to protect the rights of the parties is not big enough,lagging behind the legislation on the protection of property rights for the parties in the criminal procedure of our country,taking measures of property,property holders,even if there are objections,also does not affect the seizure procedure,and our country does not give the parties apply for lawyer rights,encounter illegal detention,the parties the lack of targeted relief measures.In the above several reasons affect the judicial efficiency at the same time,also reduced the authority of China’s judicial work in a certain extent,so the studies on the system of criminal seizure is necessary,I think,can the law of compulsory measures for people according to China’s criminal procedure,the right of approval and execution ofarrest the separation of ownership,case investigation and involved property management work to further clarify the scope of separation,seized the starting procedure,can be seized items,the establishment of specialized property involved in the storage place,take measures to reduce the discretion of the investigators.In addition,we should strengthen the legal supervision over the seizure system,strictly enforce the exclusionary rule of illegal evidence,and exclude the illegal seizure of property into illegal evidence,so as to find a balance between the protection of the rights of the litigants and the exercise of state investigation power.