Study On Disposal Procedure Of Property Involved In Criminal Procedure

In recent years,more and more criminal proceedings involved in the disposal of property was exposed by the media,gradually into the public view.The third and fourth plenary sessions of the 18th CPC central committee all proposed to standardize the judicial procedure of property involved.Under the State Council and the highest detection has successively issued in 2015,the criminal case property disposal regulations and opinions,this suggests that the national level to the property involved in the disposal of the problem of value,but its articles is more general,about the problem of the property involved in the regulation is not detailed enough,criminal litigation property disposal procedures involved complex,involving multiple interests,and throughout the litigation activity,so the perfection of criminal property involved in the disposal procedure is still a way resistance and long road.How to standardize the procedure of property disposal involved in criminal cases is a practical judicial problem in front of us,and it is also an important subject worthy of our research and improvement.In criminal lawsuits involving property meaning and definition of the scope and the criminal lawsuit of our country the property involved in the disposal of an analysis of the present situation of legislation and law enforcement can be found that the present stage of our country’s criminal lawsuits involving property disposal procedure problems mainly reflects in the pre-trial,trial and execution,and guarantee the four stages,specific include:the case-handling organ in the pre-trial procedures for the disposal of the property involved in the town government,the trial of the property involved in the trial procedure in court is not independent,recovered in enforcement procedure,confiscate such measures is still not perfect,the relevant provisions of the parties and interested persons to participate in security applications,the relief way.For these problems,China should also refine and improve relevant legislation from the above four stages,the specific improvement path includes the following aspects:first,unify and coordinate relevant laws and regulations;Secondly,judicial reform of pretrial procedure;Thirdly,the independent reform of the trial procedure;Again is the detailed execution procedures of the recovery,confiscation and other content of the provisions;Finally,it is to enrich and improve the participation of the parties and interested parties in the guarantee procedure and the ways of remedy.