On The Pretrial Procedure Of The Property Involved In Criminal Cases

The disposal of property involved in criminal cases has become an important part of deepening the reform of the judicial system,which is of great significance to the protection of the legal property rights of citizens.The disposal of the property involved in criminal cases runs through the whole process of criminal procedure,involving investigation,prosecution,trial,execution etc.,is quite numerous and jumbled and there are many problems.This paper focuses on the criminal litigation pretrial stage,is primarily concerned with disposal procedure of the property involved in the cases in the stage of investigation and prosecution,by means of text analysis,and supplemented by practice interviews,analysis of practical operation condition,summarizing the problems and putting forward the countermeasure.This paper has more than 30,000 words.Apart from the introduction,there are three parts.The first part is the basic theoretical analysis of pretrial procedure of the property involved in criminal cases.This part includes three parts: the concept scope of the property involved in criminal cases,the analysis of pretrial procedure of the property involved in criminal cases,and the legal basis of the pretrial disposal procedure.First,the broad understanding of the concept of property involved in criminal cases refers to the public security judicial organs may,in accordance with law,take mandatory measures to extract property,such as sealing up,detention,freeze,which are related to the facts of the crime,Specifically including contraband,criminal tools,the illegal income and its fruits and material evidence which has considerable economic value.Secondly,the content,classification and nature of the property disposal procedure before the trial are analyzed.The content includes procedural measures,such as sealing up,detention,freeze,storage,return and transfer.Which is taken by investigative agencies and procuratorial agencies in accordance with law.According to this content,the pretrial property disposal procedure is divided into procedural disposal and substantive disposal.Among them,the procedural disposal includes the mandatory measures for the property,such as sealing up,detention,freeze and so on,as well as the management process,such as storage and transfer.The substantive disposal includes the restitution procedure for the right of possession,and the precede procedure for the change of the possession status of the property.On the basis of determining content and classification,analyzing the nature of the pretrial disposal procedure of the property involved in the criminalcase,and clarifies the scope of the adjustment of the criminal procedure law.Finally,discussing the legitimacy,legality and rationality of the pretrial property disposal.The second part is the research of the procedural disposition of the property.It mainly consists of two parts: the coercive measure for property,such as sealing,detention,freeze,etc.and property management procedures.As a preservation method,sealing up,detention,freeze or other measures,exist three aspects problem in the legislation present situation and the judicial practice,including " the lack of a judicial review beforehand for model of examination and approval,the fuzziness of application condition,the lack of supervision".To reduce excessive intervention for property rights for citizens by sealing up,detention,freeze,etc.,the system of criminal compulsory measures should be improved and realize the establishment of quasi-judicial review mechanism and necessity review system.in the management process,the practical operation process exist problems that " Custody irregularity,immobility,outdated management mode ",and it is imperative to strengthen concentrate management and to establish a transfer mode of "documents transfer first,and physical transfer secondly " and Innovative information management mode.The third part is the analysis of the substantive disposal procedure of the property.It mainly includes two aspects: the pretrial restitution procedure and the precede disposal procedure.In the aspects of pretrial restitution procedure,there exist problems in legislation including the subject of restitution is unknown,the object of restitution is not clear,the conditions for restitution are not unified and lack of relief procedures,and problems in practices including non-restitution,error restitution,compensated restitution;The reform direction lies in the construction of impeccable pretrial restitution procedure and relief system and the reinforcement in supervising and restricting.In the precede disposal procedure,there exist problems including the violation of legal procedure principle,the fuzziness of application condition,the rough operation process and the lack of third party participation;The reform direction lies in the improvement for criminal legislation,the refinement of the operation process and the establishment of the publicity system.