Problems And Improvement In The Disposal Procedure Of Property Involved In The Case Of The Accused

In criminal proceedings,when the accused arrives at the case,it often involves the disposal of the property involved.In the pre-trial procedure,public security organs and procuratorial organs make their own decisions and carry out their own actions when they seal up,seize or freeze the property involved in the case,or when they auction,sell off or return the property to the victim.The public security organs and procuratorial organs,as the prosecuting organs,not only undertake the function of prosecuting the crime in reality,but also undertake the function of judging the property involved in the case,which obviously violates the concept of procedural justice that the country under the rule of law should follow,and the property rights and interests of the accused and interested parties are seriously and improperly diminished.In the trial procedure,the court does not publicize the property involved in the case that it may dispose of before the formal trial,and there is no formal way for interested parties who enjoy rights and interests in the property involved to know the trial activities.After the court hearing began,in accordance with paragraph 2 of Article 279 of the Interpretation of the Supreme People’s Court on the Application of the Criminal Procedure Law of the People’s Republic of China,the court allowed interested parties to participate in the trial only when they were deemed necessary.Even if they were allowed to participate,under article 281 of that interpretation,the list of participants in the tribunal’s arguments did not include interested parties.As for the disposal of property involved in the judgment,interested parties cannot appeal,and their right to participate in the procedure has not been effectively guaranteed.After the trial,the court in determining whether the property involved in the criminal law of the People’s Republic of China article 64 provisions of the property,"the Supreme People’s Court on the application of the Criminal Procedure Law of the People’s Republic of China" interpretation of article 279 paragraph 3 provisions of the "confirmation" of the proof standard is vague,unclear,in judicial practice is easy to cause confusion.Therefore,if the public security organs and procuratorial organs want to dispose of the property involved in the case before the trial of the accused person,they should go through the judicial review of the procuratorial organs other than the public security organs and procuratorial organs themselves and the people’s court in advance.During the trial procedure,the court shall make a public announcement in advance.The requirement to examine the need for interested parties to attend trials should be reduced to a pro forma examination.Interested parties should be given the same litigation status as the accused,and the part of the judgment on the disposal of the property involved can be appealed,and the standard of proof for the disposal of the property involved should be clarified.