Research On Property Disposal Of Organized Crime Cases

The successful handling of organized crime cases of gangland nature requires proper disposal of gang-related property.Especially after the launch of the special fight against gangsters,the focus of the judicial practice of gangsters began to pay equal attention to the problem of conviction and sentencing and the disposal of gang-related property.The proposal of making money and cutting off blood requires further strengthening the disposal of gang-related property in judicial practice and completely destroying the economic foundation on which the gangland organization relies.The type of gang-related property is the same as that involved in general criminal cases,which can be divided into contraband for the use of their own property and illegal income.However,due to the characteristics of gang-related organizations such as large number of people,long establishment time,and close contact with other economic organizations,As a result,the black-related property in practice has a variety of properties,a wide range of sources,rich types and other special properties that are different from the property involved in other criminal cases.By studying the applicable property disposal norms in J province and analyzing 47 first-instance judgments of criminal cases involving triad organizations in J province,the author found that many problems in practice on the one hand stem from the defects of the property disposal system involving triad.The vagueness of legal provisions coupled with the strict standard of proof and the exclusivity of liability in criminal cases;The identification standard of property.On the other hand,it is because the lack of procedural protection.In the pre-trial preservation,the defendant’s property rights and interests are infringed upon,and the lack of outsiders’ participation in the case leads to the problem of idle and random disposal of black-related property disposal procedures.The Anti-Organized Crime Law,which came into force in 2022,systematically summarizes the practical experience of the special campaign against organized crime.Although the property disposal system is cage and unified,but the proof standard,proof responsibility and other black-related property disposal system for preliminary provisions.The rule of law in developed countries have done a special study to the property involved in the disposal system,against organized crime to give enough attention to,such as Australia "unexplained wealth system" case against organized crime property find out through difficult problem,put forward a series of measures,the definition of "lifestyle" crime "in,and the civil confiscation of procedure of the United States,Its core is to identify the property involved in the application of civil litigation standards of proof.Through the study of the property disposal system involved in overseas cases,the author believes that the advanced nature of the property disposal system involved in overseas cases is reflected in five aspects: the establishment of perfect confiscation procedures without conviction;To refine the standards of proof and set up separate standards of proof for the investigation of property involved;Establish a constructive confiscation system,and identify it as illegal property when meeting specific conditions;Guarantee the participation of outsiders in litigation;Specialization in property disposal.In order to solve the matter of the disposal of property involved in organized cases,it is essential to learn from the disposal system of other countries.On the one hand,from the institutional perspective,to establish a reasonable institutional framework for the disposal of property involved in gangland,enhance the link between laws,judicial interpretation and policy documents;Strictly identify the property involved organized crime,remolding standard of proof,Establish China’s constructive confiscation system.On the other hand,strengthen procedural safeguard,strengthen judicial review in the pre-trial preservation procedure,to lay a foundation for the subsequent disposal of property;Guarantee the participation of outsiders in litigation and give them the third party status with independent claim rights.