The Research On The Criminal Procedure

In criminal proceedings,from the perspective of China’s disposal of the property involved in the case,the property rights of third parties face the risk of infringement.However,many procedural issues in criminal proceedings have no legal provisions,resulting in the third party having no channel for relief in judicial practice.After drawing out the research problems through typical cases,this article will first explain the concept of criminal property and the third person to define the scope of the third person.Secondly,it systematically combs and analyzes the provisions of the current relevant laws and regulations,especially the judicial interpretation on the protection of the rights of the third party,and refines the shortcomings of the norms.Thirdly,it sorts out the problems existing in the protection of the property rights of the third party in the pretrial procedure,trial and enforcement stage according to the criminal procedure,which is embodied in:the investigation and control organs infringe upon the property rights of the third party at will in the pretrial stage;the third party can not participate in the trial procedure to put forward claims or defenses;it is difficult for the third party to get full and effective judicial relief in the enforcement procedure.From a deep point of view,these problems are caused by the lack of protection of the third party’s right to know,and the lack of effective supervision and restraint on the behavior of the investigation and control organs,which makes it difficult to correct the illegal investigation in time;the litigation status of the third party is empty,the cause of defense is not clear,the degree of participation in the trial is not clear,the burden of proof and the standard of proof are lack of provisions,and the effectiveness of executive relief is not effective.The main ideas for further improvement in the future are:to improve the third party notification procedure in the pretrial stage,to establish a judicial review mechanism to standardize the pretrial disposal procedure,and to build a relatively independent trial procedure in the trial stage to ensure the participation of the third party;in the implementation stage,explore the establishment of judicial review of the execution process of the property involved in the case,which is consistent with the implementation of prosecutor supervision,and jointlyprovide relief paths for the third party.