Investigation Report On The Disposal Of Property Involved In Criminal Cases By Public Security Organs

Personal rights and property rights are two cornerstones in the modern civil subject rights system.In the criminal justice field in our country,due to the natural inequality of public and private rights,the two rights of the suspect and the defendant are easily violated.In practice,due to the consideration of the priority of personal rights in the same situation,there is less research on the protection of property rights in criminal related assets.In practice,especially in the investigation,compared with other judicial organs,public security organs have the largest number of financial assets involved,and the disposal of the assets involved is even more serious.In the form of a research report,this paper selects a grassroots public security agency as a sample of the survey and points out areas in which it seeks to outline the current state of problems in the disposal of criminal assets in the current public security organs,and then proposes relevant measures for improvement by analyzing the problems.In addition to the introduction and conclusion,the text consists of the following four parts.The first chapter,"Definition of Fundamental Concepts of Criminal Assets Disposal and Macro Survey of Research Samples," clarifies what constitutes the basic concept of“crime-related assets" and focuses on "disposal" of the public security authorities’ disposal of property involved.Permissions were sorted out,and the institutions set up in the surveyed units,the number of annual criminal cases,the number of seizures,seizures,freezes,the disposal of property-related assets,the construction of property management infrastructure,and the construction of information-related materials were reviewed.A brief overview was given.The second chapter "Concrete issues in the disposal of financially-related assets" is described in four sections:"Seal,Seizure,and Freezing,"“Custody," "Transfer,Handling,”and“Supervisory and Relief." The main problem lies in the fact that the public security organs have seized,seized,and frozen during the investigation process a high proportion and a wide range of assets;the backlog of items has a serious backlog;the processing after the adoption of measures is not timely;the handling of cases-the custody is not completely separated;the pre-trial return and advance There are a series of specific status quos such as the blurring of disposal procedures and the supervision of relief of weaknesses.The third chapter "causes and analysis of the problem",the above problems arise in practice in the first place due to the absence of the rule of law and the concept of due process of the relevant responsible person.China’s long-standing social system that emphasizes ritual law and light system is the biggest obstacle to system construction.Second,China’s current criminal legislation on the disposal of financial assets is of a low level.It lacks supervision and control over the seizure,seizure,and freezing powers of investigative agencies,and the lack of coordination,compatibility,and maneuverability of relevant provisions of relevant laws and regulations.Finally,the financial incentives for confiscating non-monetary items to the financial sector and then disguised return,as well as inadequate capital investment for the disposal of financial assets due to economic disparities in different regions,are another incentive for the current disposition of property disposal.In the fourth chapter,"Measures and Suggestions," the author believes that the reform of any specific system and link in China’s criminal lawsuit is methodologically interlinked.Both require a good rule of law concept as a guide and a legal system that meets the requirements of justice.And technical improvements on specific aspects.In the exploration of the criminalized disposal of financial assets,we must first pay attention to the value of the procedure and deepen the concept of due process to the traditional China with a strong"non-procedural tendency." Second,it is necessary to strengthen institutional development,reform criminal compulsory investigation measures,introduce judicial deterrence decision procedures,strengthen supervision,and reform the provisions of poor operation and non-coordination in the original norms.Finally,we can eventually achieve the purpose of standardizing criminal-related financial assets from the technical aspects of building a unified legal depository center,strengthening electronic information construction,and information disclosure.