Property Protection In Criminal Proceedings

Property penalty as a statutory penalty,to deprivation of property rights in order to achieve the disciplinary role of people,is an important part of the penalty system in our country,but different from the right of life,liberty,these inborn humans,property has its Independence,criminal suspects who may be sentenced to property punishment.In order to evade punishment,they often hide and transfer their property before the case is closed.This has caused some difficulties for the execution of the property penalty.From the data of some practical surveys,this kind of situation is not a minority,and the courts of various localities all have “empty judgments”on property penalties.Obviously,as long as there is a possibility of being sentenced to property punishment,then as a rational person,he will not wait indulgently for the court to collect.Baccaria said that the deterrence of punishment is not its harshness but that it is inevitable.The low implementation rate of property penalties has weakened the authority of the judiciary and reduced the deterrence of penalty.In some judicial practices,the court links the payment of penalties with the attitude of guilty pleas to increase the implementation rate,but it is more like a compromise approach.The fundamental reason is that China does not have criminal property preservation similar to foreign countries.The system has resulted in the judiciary failing to timely preserve the relevant property in judicial practice.This may be due to the fact that China has long attached importance to freedom of punishment anddeath penalty.In the course of several amendments to the Chinese criminal law,no relevant system was introduced.In Germany,Italy,and other countries,it has established a relatively complete criminal property preservation system to protect the enforceability of property punishment.Moreover,the Supreme People's Court once ruled in Article 4 of the "Several Provisions of the Supreme People's Court on the Implementation of the Property Part of Criminal Adjudication" in 2014: Criminal Division may sentence the defendant to property punishment and order restitution in a criminal trial of a people's court.The defendant's property status shall be investigated according to law;if it is found that the defendant may conceal or transfer the property,it shall promptly seal,detain or freeze its corresponding property.Judging from this article,the Supreme Law has recognized the deficiencies of the existing system and tried to construct a similar criminal property preservation system.This shows that criminal property preservation is practical and operational.But at the same time,we should also realize that criminal property preservation has certain guilty presumptions and has certain risks.However,according to the principle of proportionality,the damage that the system may cause is totally acceptable compared with the social benefits it brings.,and we can design to minimize the risk of the system.The adoption of the system should proceed from whether it adapts to the specific situation and whether it can solve practical problems.The preservation system can not only be applied to the civil domain,but also can play a role in the criminal field.This paper proposes to introduce the property preservation system in the criminal field,which is intended to explore To solve the difficult problem of execution of property punishment in our country,we put forward some superficial views through reference to relevant systems in the field of civil law and foreign legislative experience.