Research On Property Return Involved In Criminal Cases In China

China’s Criminal Procedure Law was revised in 2018,which marks the gradual improvement of the country’s procedural law.However,in the criminal procedure of our country,the problems in the return procedure of property involved in criminal cases have not been paid due attention.In the current Criminal Procedure Law,the provisions on the handling of property involved in the case,especially the return procedure of property involved in the case,are more principled and lack of enforceability.Moreover,for a long time,there have been few modifications to this,and the revised Criminal Procedure Law does not involve relevant provisions.In addition,the academic community is relatively few research on this,lack of certain attention.The criminal procedure law of our country has made the provision that the legal property of the victim should be returned in time,namely the principle provision that the property involved in the case should be returned to the victim.However,due to the principle of its provisions,the vagueness of relevant concepts and the lack of specific procedural regulations,it often leads to the problems of judicial organs not returning or returning wrongly in practice.And when the above problems occur,it is difficult for the property right holder to remedy due to the imperfection of the existing remedy rules.Detailed provisions on the return of property involved in criminal cases are scattered in judicial interpretations and normative documents,which are relatively scattered and only relatively detailed.It is still difficult to guide practice at the practical level,and even there are conflicting provisions.In addition,due to the unclear definition of the relevant concepts of recovery and ordered return and compensation,and the unclear legal procedures of property distribution and proof in the post-trial return,there are some problems in the post-trial return that the right holders cannot get the return.Perfecting the return procedure of property involved in criminal cases from the perspective of pre-trial and post-trial is helpful to protect the property rights of property right holders,improve judicial efficiency and maintain judicial authority.This paper introduced two cases arising in the course of practice,points out that the cases reflect respectively the pre-trial return and the problems existing in the return after review,through to the property involved in the return procedures involved in related legal concepts,legal theory of legal interpretation and comparison of different point of view,and return after return from the pretrial procedure and trial procedure two angles,analyzed the problems and find out the root cause.And according to the actual situation of our country respectively for the case reflected in the pre-trial return of property involved in the case and after the trial of the return of the existing problems put forward several perfect countermeasures and suggestions.In the process of discussion,the theory is combined with the actual situation,so that the analysis of problems and solutions are reasonable and practical.By perfecting legislation and strengthening supervision in practice,the procedure of returning property involved in criminal cases should be improved,and the procedure of returning property before trial and the procedure of returning property after trial should be refined and improved,so as to better protect the property rights of parties and interested parties and safeguard judicial justice.