Research On The Introduction Of Liquidation System Into The Disposal Of Property Involved In The Crime Of Illegal Fund Raising

In criminal procedure,the fair trial of the accused and the fair and open disposal of the property involved in the case are the inevitable choice for the rule of law in criminal procedure to go into depth.The systematization,standardization and refinement of the disposal of property involved in the crime of illegal fund-raising is a complex problem involving many fields,departments,links and subjects.It involves not only the renewal of the concept of criminal procedure and the renewal of the criminal procedure system,but also the change of contents and procedures in the legislation and judicial practice of the disposal of the property involved in criminal proceedings.From the current legislation and judicial practice of the disposal of the property involved in the crime of illegal fund-raising,the disposal of the property involved in the crime of illegal fund-raising is based on the source of the disposal of the property involved in the criminal case,and is attached to the criminal prosecution activities as a whole.However,with the increasing volume of the property involved in the crime of illegal fund-raising and the complexity of legal relationship,the connotation of the disposal of the property involved needs to be expanded and the relative independence is more obvious.Then,from the point of view of prosecution crime,dealing with the property involved in the crime of illegal fund-raising can not adapt to the trend of the evolution of the crime of illegal financing.The main problems are that it is difficult for the criminal litigation organs to undertake the task of dealing with the complicated property involved,the lack of management of the property involved causes the loss of property,the lack of protection for the interested parties of the property involved,the lack of fair,open and effective procedures for the final disposal of the property involved.Based on the maximization of property interests in the crime of illegal financing,the protection of the rights and interests of the related subjects of the property involved,this paper focuses on the independence and systematization of the disposal of the property involved in the crime of illegal fund-raising,introduces the liquidation system in civil and commercial affairs,and improves the disposal procedure of the property involved in the crime of illegal financing under the framework of criminal proceedings.By limiting the scope of the crime of illegal financing and the property involved in the crime of illegal financing,the paper summarizes the nature,characteristics and current situation of the disposal of the property involved in the crime of illegal financing,and determines the scope and direction of the research object.The necessity of introducing liquidation system is discussed from the following aspects:the relevance between illegal fund-raising crime and civil and commercial law,the independence of the disposal of property involved in illegal fund-raising crime and the requirement of realizing the multi-profi t demands of the disposal of illegal fund-raising crime.Then,the author introduces the management system,creditor meeting system,claim declaration system and distribution system in the liquidation system.The paper will link the liquidation system with the disposal of property involved in illegal fund-raising crime in different procedures and cooperate with different organs,so as to build a complete and systematic disposal procedure of property related to criminal proceedings which is relatively independent of criminal litigation activities.It can effectively solve the existing problems,protect the rights and interests of the subjects involved,promote the development of criminal proceedings and show the justice of justice.