Research On The Disposal Of Property Involved In Criminal Cases

In recent years,the news about the improper disposal of property involved in criminal cases has appeared frequently,which has attracted wide attention of the society.The disposal of criminal property involves multiple subjects and procedures,which runs through the whole criminal procedure.Standardizing the disposal of criminal property is not only related to the property rights of the accused,victims and other stakeholders,but also related to national property.However,China ’s criminal justice practice long-term existence of the concept of "pay attention to people instead of things ",lack of attention to the disposal of criminal property.Moreover,the provisions of the relevant procedures for the disposal of criminal property involved are relatively coarse,which is not conducive to standardized disposal.Therefore,in order to protect citizens ’ property rights,avoid national property losses,safeguard judicial justice.This paper focuses on the core proposition of criminal property disposal,based on the basic theory,from the investigation and control of criminal property,pre-disposal,management,adjudication and implementation of these aspects of criminal property disposal of specific research,put forward suggestions for improvement.In addition to the introduction,this paper is mainly divided into five parts.The first part is the basic theory of disposal of property involved in criminal cases.On the basis of defining the concept and scope of criminal property,this paper analyzes the meaning,principle and value of the disposal of criminal property,which lays a theoretical foundation for further research.The second part is the investigation and prosecution of criminal property.In view of the problems of " a package of investigation and control " and " control in the end " of the investigation organ,it is proposed to establish a judicial review of the investigation and control of criminal property involved.Taking the court as the subject of review,through the way of pre-review approval and post-review confirmation,the investigation organ restricts and supervises the investigation and control of criminal property involved.The third part is the preliminary disposal of criminal property.The pre-disposal includes the pre-disposal procedure and the pre-trial return procedure,which refers to dealing with the property in advance before the court makes an effective judgment.Based on the value of the two procedures,this paper puts forward ideas on the applicable conditions and specific processes of the procedures.The fourth part is the management of criminal property.Based on the separate management of case handling organs,combined with the practice and exploration of centralized management of management institutions,the management mode of " combination of separate management and centralized management " is proposed.The fifth part is the judgment and execution of criminal property.In the part of judgment,it is proposed to set up a relatively independent criminal property trial procedure,and put forward normative requirements for the judgment documents.In the implementation part,it is clear that the court is responsible for the execution of criminal property,and other organs cooperate.Finally,normative recommendations are made on specific implementation measures.