Research On Some Problems Of Property Disposal Involved In Criminal Cases Of Underworld And Evil Forces

The crime committed by the underworld and evil forces has become one of the key types of crime in the field of criminal justice.The judicial practical experience in combating crime over the years shows that the disposal of property involved in the case is one of the key links in the criminal government of the underworld and evil forces.In this context,how to identify and dispose of Mafia-related and evil-related property has become one of the hot topics in academic circles in recent years.At present,China’s property disposal system involved in criminal proceedings is not perfect,and the shortcomings of property disposal involved in criminal justice are more prominent in the context of efforts to crack down on crimes committed by the underworld and evil forces.How to establish a set of underworld and evil-related property disposal mechanisms that can not only "kill money and blood",but also take into account human rights protection and property rights protection has become an important topic.Therefore,the purpose of this thesis is to study how to further improve the property disposal mechanism involved in the crime of underworld and evil forces,take the problems existing in the property disposal mechanism involved in the crime as the main axis of analysis,and try to carry out a preliminary discussion on the construction of a scientific and systematic property disposal mechanism related to the underworld and evil forces from the perspective of punishing crime and protecting human rights based on learning from the experience of extraterritorial governance.The full text consists of three parts:introduction,body,and conclusion.The body can be divided into the following four parts:The first part summarizes the basic theory of property disposal involved in the crime of underworld and evil forces.Firstly,based on the introduction of the meaning of the property involved,the scope of the property involved is clarified according to relevant laws and regulations,to make a preliminary discussion on the identification of the property involved below;Secondly,it reveals the basic requirements of system transformation by introducing the four important principles of property disposal involved in the case;Finally,it expounds the disposal methods of the property involved in the case,to clarify the relevant concepts for further research below.The second part analyzes the problems and reasons of the property disposal mechanism involved in the crime of the underworld and evil forces in China.By combing the normative documents on the disposal of the underworld and evil related property in China for a period of time,combined with some cases,this thesis points out the problems existing in the current mechanism from four aspects:the identification,review,trial links of the property involved and the protection system of the rights and interests of stakeholders,and analyzes the causes of the problems.At present,there are some problems in the identification of the property involved in the case in China,such as confusion and ambiguity of the identification rules;There are some problems in the review,such as the property inspection and control mechanism needs to be updated,insufficient evidence collection,lack of professional investigation force and lack of departmental cooperation;There are some problems in the trial,such as the lack of quality and argument of court investigation and the non-standard expression of judgment documents;The problems in the above links have led to the damage to the legitimate rights and interests of stakeholders.At present,the relief system needs to be improved,and the relief measures have shortcomings,which makes it difficult for outsiders to enter the property disposal procedure.The reason is the lack of a systematic property disposal system,the thinking deviation brought by the solidified thinking of "emphasizing personal,neglecting property" and "emphasizing attack and neglecting protection",as well as the weakening of the property disposal procedure involved.The third part investigates and draws lessons from the property disposal mechanism involved in the crime of extraterritorial underworld and evil forces.By carefully combing the contents of the disposal mechanism of overseas Mafia-related assets,sorting out and summarizing the legislative characteristics and judicial status of the relevant systems in Japan and Russia,exploring the mature experience of their governance,and pointing out that we can learn from when improving the disposal mechanism of China’s involved property,such as increasing the recovery of the involved property,while paying attention to protecting the legitimate rights and interests of stakeholders.The fourth part,through the understanding of the above problems and their root causes,combined with the theoretical analysis of criminal policy,puts forward the following suggestions:in view of the problems existing in the identification of the property involved,it puts forward that we should sort out and integrate the current normative documents of the property involved,and focuses on the specific methods of stripping legal property when the illegal income is mixed with family property and enterprise property;In view of the problems existing in the property review involved,taking the relevant systems of Japan and Russia as an example,this thesis puts forward some suggestions,including the establishment of information sharing system,the establishment of talent reserve mechanism,the introduction of financial investigation system,etc;In view of the problems existing in the trial of the involved property,this thesis puts forward some suggestions on standardizing the investigation procedures of the court of the involved property,detailing the disposal contents of the involved property in the judgment documents,and strictly applying the inversion of the burden of proof to the involved property of unknown origin;In view of the problems existing in the protection system of the rights and interests of interested parties,it is suggested to refine the relief mechanism of improper disposal of property involved in the case from three aspects:establishing the party status of outsiders in the property disposal procedure,perfecting the responsibility investigation and national recovery system.