Study On The The Disposal Of Criminal Case-related Property From The Perspective Of Judicial Centerism

Under the influence of the concept of "heavy cracking down on crimes," emphasis on substance,and light on procedures ",China has always focused on criminal convictions and sentencing in criminal prosecution activities,while dealing with criminal property,It has not attracted enough attention,let alone the formation of a systematic criminal property handling mechanism.The handling of criminal property is not only conducive to the preservation of evidence and the prevention of crime,but also to the protection of citizens ’property rights.China has issued a series of regulations to achieve the purpose of regulating the handling of criminal property,but these are not enough to change the problems in the handling of criminal property in China.In the context of judicial reform with "trial as the center",when exploring and improving the path of handling criminal property,not only should the consistency of regulations be maintained in the construction of relevant legislation,but in judicial practice,more attention should be paid to coordinating and coordinating between the case handling agencies relationship.Based on the requirements of trial centralism,this article explores the beneficial experience of other countries from the perspective of the trial center and integrates the above contents when investigating the relevant systems outside the territory,with a view to discovering the perfect path for handling criminal property.First of all,"trial centralism" not only emphasizes the importance of the trial,but also emphasizes that the court is the sole body in the handling of the property involved in the criminal case.It also requires the establishment of the authority and independence of the court’s judicial interpretation to ensure that the court Examination of property-related cases to ensure that the lawful rights and interests of parties involved in criminal propertyrelated cases are not infringed.Secondly,through comparative research,the article finds that in the process of dealing with the property involved in foreign countries under the rule of law,it pays attention to the construction of legal norms and the protection of the rights of stakeholders,and has established a judicial review system for the handling of property involved in criminal cases.The requirements of trial centralism in our country coincide.Thirdly,the handling of criminal property involves not only multiorganizations and links,but also multi-party interests,and is prone to problems.If the legal norms are not unified,it is difficult to establish the leading position of the court;the relief and supervision mechanism is not perfect,and the court hearing procedure is not clear.These problems not only violated the requirements of trial centralism,but also severely affected the handling of criminal property.Finally,based on the existing problems in the handling of criminal property in China and drawing on useful foreign experience,this article puts forward a perfect proposal for the handling of criminal property in China from the perspective of "trial centralism",namely: perfect legislation to ensure the court’s Leading position;improve the relief system to ensure the participation and relief of right holders;improve the supervision and review mechanism for the handling of the property involved in the case;establish an independent court trial investigation procedure for the property involved in the case.