Research On The Disposal Procedure Of Property Involved In Criminal Cases ——Take Mafia Related Cases As An Example

The disposal of property involved in criminal procedure is a matter of property litigation.On the one hand,the disposal of the property involved should satisfy the purpose of criminal law to punish the crime,on the other hand,it should also reflect the screening of legal property,so as to protect the legitimate property rights and interests of the relevant right holders in criminal proceedings.In 2020,China will complete the goal of building a moderately prosperous society in all respects,and while the social and economic level is generally improved,money-related crimes are also on the rise.Under the auspices of the Constitution,relevant departmental laws have also increasingly strengthened the protection of citizens’ legitimate property rights and interests.From 2018 to 2020,the three-year special action to eradicate gang-related crimes appeared a large number of problems concerning the disposal of gang-related property,thus the judicial practice and the attention of all walks of life on the compulsory measures and punishment of "persons" in criminal cases shifted to the compulsory measures and protection of property rights and interests.The disposition procedure of property involved in criminal case is the general term of relevant steps and methods when the property related to the case is divided and preservation or other compulsory disposal measures are taken in criminal procedure.The property involved in criminal case has the dual attributes of property and evidence.Property is its inherent attribute,evidence is its functional attribute in criminal proceedings.The dual attributes of the property involved in criminal cases determine that the procedural disposal of the property should be based on the theory of due process in litigation,and should be planned,arranged and promoted legally.It is also necessary to judge and confirm the property involved in criminal cases based on the theory of civil real right,so as to protect the property interests of relevant right holders.In the relationship between the two,the evidence attribute of the property involved has priority applicability in the criminal procedure.In the current legal norms of criminal procedure in China,the disposal of property involved in criminal cases is based on specific measures.The pretrial procedure is mainly based on the principle of evidence attribute,while the trial procedure and execution procedure are mainly based on property attribute.In the course of criminal procedure,the transfer of the focus of property disposal is not only related to the dual needs of public and private rights,but also conducive to the treatment and reference of the problem of criminal and civil cross.Of pretrial procedure and trial procedure,execute program property involved in the disposal of the rules of comb,from the main body,the applicable objects,the applicable procedures,applicable effectiveness of criminal involved assets disposal procedure summarizes and analysis the relevant rules,and combining with the judicial practice makes an analysis for each phase of the problem.After the analysis,it is concluded that there are some problems in the pretrial procedure,such as the lack of mandatory measures,the lack of mandatory suggestions to the procuratorate,and the private division and misappropriation of property of the case handling personnel.There are some unclear problems in the trial procedure,such as the lack of participation and relief of outsiders,the lack of stipulation on how to recover and confiscate,and the lack of recovery and confiscation in the judgment documents.In the execution stage,there are serious problems of misappropriation and interception of the execution fund,as well as unclear authorities for refund and recovery.Therefore,it is suggested that in the pretrial stage,the evidence attribute of the property involved in the criminal case should be preferentially selected in the criminal procedure to ensure the process of the procedure,the means of preservation should be applied flexibly and prudently,and the supervision of the procuratorate should be strengthened to ensure the application of compulsory measures in accordance with the law.In the trial stage,the lawsuit against "property" is set,the standard of proof is lowered,the participation system of the third party is improved,and outsiders and third parties are allowed to participate in the disposal procedure of property with legitimate reasons such as the objection of ownership,so as to improve the participation and openness of the trial.In the execution stage,it is necessary to clarify the authorities for recovering,returning and compensating,and strengthen the supervision of procuratorial organs over the execution of property.