An Empirical Study On The Recovery And Return Of Property In Cases Of Public-related Economic Crimes

At present,the frequent occurrence of related economic crimes has brought great social harm.Due to the type of cases and the particularity of the property involved,criminals have often transferred,concealed or even squandered tens of millions or even hundreds of millions of yuan of illegal income before the crime,which makes it difficult to solve the dilemma of recovering stolen goods after the crime.as a result,it will also lead to the social impact of collective petitions and even suicide of the victims.Therefore,to deal with such cases,we should not only investigate the criminal responsibility of the defendant in accordance with the law,ensure that the defendant is tried in a fair and timely manner,but also pay more attention to the protection of the property rights of the defendant and the victim.on the basis of not infringing upon the legal property rights of the defendant,we should recover the property involved in the case in a timely manner and recover the economic losses of the victims as much as possible.Based on the existing theory and judicial practice,this paper summarizes the problems existing in the recovery and return of property in the current economic crime cases,and tries to put forward practical countermeasures after analyzing the reasons behind it.This paper is divided into four parts.The first part expounds the necessity of studying the recovery and return of property in related economic crimes.The recovery and return of property involved in criminal cases is of great significance for the handling of criminal cases,but there are still many problems in judicial practice.Because of its large number of victims and strong requirements to recover economic losses,it is more necessary to pay more attention to the recovery and return of the property involved in the case because of its large number of victims and strong requirements to recover economic losses.Based on the empirical investigation of X City in H Province and the theoretical and practical research results of other scholars,the second part summarizes the difficulties faced by the related economic crime cases in the recovery and return of property.First of all,the confusion of the victim’s identity and litigation rights makes the subject of property return unclear.Secondly,the investigators arbitrarily expand the scope of investigation and control of the property involved in the case,which infringes upon the legal property rights of the accused by sealing up and detaining the property of the accused in an across-the-board manner.Thirdly,the pre-trial disposal of the property involved is not timely and inflexible,resulting in a serious devaluation of special movable property,at the same time,the pre-trial disposal procedure is not standardized,and the lack of judicial review has caused certain losses to the legitimate property rights of the parties.In addition,the ascertaining function of the trial procedure of property involved in this kind of case does not play its due role,and the judicial documents formed are also lack of enforceability.The third part focuses on the analysis of the causes of the above difficulties.First of all,it is difficult to investigate the property involved before the trial,and the refund rate is too low,which leads to the case authorities to expand the scope of property investigation and control at will.Secondly,the concept of emphasizing personal rights over property rights and the lack of judicial review lead to confusion in the procedure of temporary disposal of property before trial.In addition,the vertical structure of the "flowing operation" criminal procedure leads to the weak trial ability of the trial link,which leads to many difficulties in the execution of the property judgment involved in the case.The fourth part tries to put forward the corresponding countermeasures in view of the above dilemma.First of all,the scope of victims of related economic crimes and their litigation rights should be clearly defined.Secondly,we can establish a unified and open information platform for the disposal of property involved in the case,and work together in many ways to broaden the channels for the investigation and control of the property involved in the case.at the same time,we can introduce the system of preservation and seizure of the proceeds of crime,and further standardize the investigation and control behavior of the organs handling the case.Thirdly,after clarifying the pre-trial disposal conditions of the property involved in the case,we should strengthen the judicial review of the pre-trial disposition of the property involved in order to reduce the derogation of the property involved as much as possible.In addition,attention should be paid to giving full play to the trial function of property involved in the case,so as to provide an effective way for the case to participate in the trial of property involved in the case.