Research On The Execution Relief Of The Property-related Part Of The Criminal Adjudication

The purpose of implementing relief is to maintain the lawful rights and interests of the parties,outsiders and interested parties,to correct the illegal and improper enforcement,to realize the function and value of the execution procedure,to ensure the impartiality of the implementation,to promote the parties,outsiders and interests The realization of the legitimate rights and interests of people is of great significance.Criminal execution of property is a punishment measure,there are penalties,there are entities or procedures may be improper.In the implementation of criminal property,the purpose of establishing a special relief procedure is to regulate the implementation of the act,to avoid infringement of the legitimate rights and interests of the parties.The implementation of remedy for criminal property is characterized by rights,statutory,subordinate,compensatory,and supervised.The function of the implementation of the relief effect of the criminal property involves the protection function,the restriction function,the normative function and the maintenance function.In general,the provisions of China’s laws and regulations and judicial interpretation of the implementation of relief services on criminal property is a process from scratch,continuous development,although the criminal implementation of the relief of the implementation of civil remedies do not deviate from the same direction,but criminal There are still many problems in the implementation of property relief.November 6,2014 promulgated the "Supreme People’s Court on the criminal referee part of the implementation of the provisions of the property," the first clear the implementation of criminal property by the implementation of the implementation of the people’s court,but the implementation of relief provisions only The dissenting objection of the outsider is incorporated into the enforcement act.In this way,it not only deprived the outsiders of the property involved in the substantive rights,but also caused the implementation of the relief system in the process of procedural relief and substantive relief system on the chaos.China’s criminal property related to the implementation of the existence of relief agencies are not unified,the trial organization is not standardized,the review process is not strict and so on.How to protect the rights of the parties,outsiders and interested parties in the implementation of criminal property,and how the judges understand and apply the existing laws in the case of such cases are unavoidable and urgent need to be resolved.Criminal execution of property as a social procedure,should be guaranteed the parties,outsiders and interested parties can not be enforced under the influence of the implementation of relief,to ensure that the guide,outsiders,interested parties to rational The value of the choice of choice.To improve the implementation of the benefits of criminal property should adhere to the rights protection,decentralization checks and balances,pay attention to efficiency,the principle of balance of interests.In the aspect of perfecting the specific measures to implement the relief of criminal property,we should raise the degree of emphasis on the implementation of the relief of criminal property from the level of knowledge,and promote the reform of the system of separation of trial and adjudication from the aspect of institution setting,and improve the implementation of criminal property Relief procedures legislation,to further improve the substantive rights of relief,but also on the implementation of relief procedures to improve the hearing,the introduction of the implementation of procuratorial supervision mechanism to strengthen the audit with the source to reduce disputes and prevent the use of the implementation of relief procedures.This paper is divided into four chapters.The first chapter analyzes the necessity of implementing criminal relief and the basic concept,basic characteristics and main functions of criminal relief.The second chapter mainly studies the legal history of the implementation of the remedy of criminal property in China,and analyzes,summarizes and summarizes the judicial situation of the implementation of the relief of criminal property in China.In the third chapter,through the case analysis,the author analyzes the problems of the implementation of the relief of criminal property in China.The fourth chapter is the focus of this article,put forward the proposal of perfecting the implementation of remedy for criminal property in China.Under the guidance of the principle of rights protection,decentralization,balance of efficiency and balance of interests,this paper puts forward the idea of perfecting the implementation of remedy for criminal property in China from the aspects of ideological level,institutional level and institutional setting.At the end of the article,the paper summarizes the paper and looks forward to the sustainable development of the study on the implementation of relief research on criminal property.