Research On The Disposal Procedure Of Property Involved In Criminal Proceedings

China’s traditional criminal procedure is based on "taking the defendant as the center",and shows the obvious characteristics of "litigation against the person".With the development of economy,property is involved in more and more criminal cases.Although there are widespread problems in the handling of property in criminal proceedings,it is difficult to find unified and clear provisions from the perspective of China’s criminal substantive law and procedural law.Both the definition of the scope of property involved in the case in the criminal substantive law and the setting of the handling procedure of property involved in the case in the criminal procedural law have the current legislative situation of lack of legitimate norms and insufficient degree of detail,coupled with the lack of procedural thinking of practical investigators,As a result,the chaos of arbitrary disposal of property involved and arbitrary infringement of personal property rights and interests still spread in judicial practice.As the handling of the property involved in the case covers all stages of criminal proceedings,from the investigation and control of the property at the time of investigation,to the transfer and custody of the property at the time of case transfer,examination and prosecution,to the final handling of the property at the trial stage and the execution of the property at the post judgment execution stage,all organs at different stages shoulder different tasks of property control.Therefore,the widespread problems in practice,such as "illegal investigation and control","non-standard custody","unsmooth transfer","untimely disposal" and "inadequate relief",will seriously damage the property rights and interests of the parties and seriously infringe on the judicial credibility.Based on this,based on the existing criminal conviction and sentencing procedure framework,this paper intends to explore the legitimacy,necessity and practical possibility of establishing the handling procedure of the involved property,explore various problems in the handling of the involved property in the current practice,and compare the relevant handling provisions of the involved property in foreign countries,so as to realize the deconstruction of the causes of the chaotic situation of the handling of the involved property,as well as systematization Fine reconstruction of the handling mechanism of the involved property.In the introduction part,this paper starts with the root problems that cause the author to think,and explores the research of this subject.It will be of great significance to the standardization of China’s involved property disposal procedures,the unification of legal application,the promotion of judicial justice and efficiency,and the realization of public supervision.Combined with the research status of relevant issues at home and abroad,it will sort out the existing operation mechanism of China’s criminal involved property disposal and the theoretical exploration in the improvement of the system,so as to provide theoretical support for the follow-up research.In the main body,this paper is divided into four parts.The first chapter is an overview of the handling procedures of property involved in criminal cases.Clarify the connotation of the concept,scope and treatment of the property involved.Grasp the characteristics of the property involved in the case and the principle of due process and proportion that should be followed in constructing the handling mechanism of the property involved in the criminal procedure.Based on the concept of "property involved in the case" in the current provisions,the "property involved in the case" in China’s criminal procedure can be defined as the property and fruits related to the criminal act obtained by the public security and judicial organs through compulsory measures such as sealing up,seizure and freezing,which should be recovered,confiscated or ordered to return compensation and return the victim in accordance with legal procedures.The second chapter combs the legislative norms of China’s current handling mechanism of property involved in the case,investigates the judicial status quo,makes a process analysis of the measures taken for the property involved in the case according to the stage of criminal procedure,and discusses them one by one from the aspects of property investigation and control,ownership review,post judgment execution and relief for outsiders.Grasp the problems that the current legislative norms are imperfect and the current situation of judicial implementation is chaotic.It also examines the internal mechanism of the causes of this anomie,and explores the adverse effects of the unclear concept of due process,the lack of procedural treatment norms and the "flow" of the litigation structure of the three organs of public security,procuratorial and judicial organs.The third chapter is the reference of extraterritorial comparative law.Through the analysis and comparison of the property seizure system,confiscation procedure,pre-trial return provisions and the relief procedure for the rights of outsiders involved in the case in Britain and the United States,which are represented by the common law system,Germany,France and Japan,which are represented by the civil law system,it is found that the prominent problems of the property disposal procedure in our country lie in the insufficient attention to the property rights and interests,the lack of detailed normative expression The protection of the right to participate in the procedure and the right of objection of outsiders is insufficient.The fourth chapter is the theoretical construction and assumption prospect of the handling procedure of the property involved in the case,and constructs a complete and independent handling procedure of the property involved in the criminal procedure by solving the problems described in the previous chapters.This includes the separation of the right to start and the right to decide in the process of material investigation and control;Strengthen the list making and improve the supporting system of defense right protection;Improve the procedural conditions for pre-trial return and prior disposal;And the institutional centralized management system of property involved in the case,and strengthen the introduction of information technology;Establish an independent litigation procedure against things in the court trial procedure,improve the examination of case ownership,the handling of cross criminal and civil cases,the coordination and connection of illegal income confiscation procedure and trial by default procedure,and strengthen the principle of separation of trial and execution;Finally,in the protection of the rights of outsiders,we should fully protect the right to inform,the right to participate and the right to dissent.Generally speaking,the rationalization of the handling mechanism of property involved in criminal cases belongs to a part of the reform of the criminal procedure system,which must follow the basic judicial ideas and procedural laws.At present,many significant problems in the handling of property involved in criminal cases have greatly limited the realization of judicial justice.Only by paying attention to and solving the anomie of handling power in practice as soon as possible and improving the system design of handling property involved in criminal cases,can the protection of citizens’ property rights be truly brought into the track of the rule of law.