Research On The Third Party Relief Mechanism Of Criminal Property Related Execution

Inadequate protection of the rights of outsiders in criminal property-related enforcement.According to the legislation,the objections of the outsiders to the subject matter of execution are handled in accordance with the objections to the act of execution,which prevents the outsiders from obtaining relief through substantive rights relief;the objections of the outsiders to the determination of the property involved in the case should be handled in accordance with the trial supervision procedure,but it is very difficult for the outsiders to initiate the retrial procedure through complaints;in practice,the courts review the applicable laws and review methods of the outsiders’ objections in a confusing manner,which hinders the rights of the outsiders In practice,the courts are confused in the application of the law and the way of reviewing the objections of outsiders,which hinders the rights of outsiders.In order to solve the above-mentioned problems and improve the protection mechanism for outsiders involved in the execution of criminal cases involving property,this research is conducted.The article mainly focuses on the problems,causes,improvement ideas and specific design of the criminal property-related enforcement system in China.In the introduction,the background of the topic is explained and the problems to be solved are presented;the research objectives and significance explain the value of the article;the literature review section compares the views of the current academic community on the problems,causes and improvement measures of the mechanism for the relief of outsiders involved in the execution of criminal property-related cases.The research methods and ideas explain the logic of the article and the method of argumentation.The first part is an empirical examination of the situation of the relief of outsiders in criminal property-related enforcement.One hundred and sixty-nine of these cases were searched and selected from the Beihang University Law Treasure database,and the subjects of the objections,the applicable law,and the findings of the cases were analysed separately.The second part is the problems derived regarding the existence of the relief mechanism for outsiders to criminal property-related enforcement.This includes the "downgrading" of the substantive objections to the enforcement of property-related criminal judgments,the controversial application of the law on objections to the enforcement of property-related criminal judgments,the lack of uniformity in the way the courts examine objections to the enforcement of property-related criminal judgments,the lack of clarity on the content of objections to the enforcement of property-related criminal judgments,and the difficulties in initiating retrial proceedings based on complaints.The third part is an analysis of the causes of the problems of the mechanism for remedying the rights of outsiders in criminal property-related enforcement.From a macro perspective,criminal litigation attaches importance to conviction and sentencing while neglecting the protection of the property rights of outsiders;the absence of the applicant for enforcement in criminal litigation enforcement procedures leads to the inapplicability of the lawsuit against outsiders’ objections;there is confusion between criminal and civil law in dealing with disputes over the property rights of outsiders in criminal litigation,including inconsistent standards of proof and the lack of clarity on the status of outsiders in criminal litigation.The fourth part is the idea of improving the relief mechanism for outsiders in criminal property-related enforcement.This paper argues that three aspects should be improved,firstly,the law applicable to all kinds of outsider objections to property enforcement should be clarified in the legislation;secondly,the introduction of the lawsuit of outsider objections in criminal property enforcement;in addition,the utilization rate of trial supervision procedures should be improved.The fifth part is the specific design of the perfection of the relief mechanism for outsiders in the execution of criminal property-related cases.I consider from four aspects,one is the level of the outsider objection system,the outsider objection should be dealt with by case,in addition to the confiscation of property involved in other outsider objections should be in accordance with the objections-review-outsider objection to the mode of relief,hearing The second in the criminal property-related implementation of the introduction of outsider objections,the standard of proof should adopt the preponderance of evidence standard,respectively,depending on the circumstances of the victim and the procuratorial authorities as the applicant for enforcement;in addition,the trial supervision procedures can not be "high",should be clearly ruled that the conditions for the application of the correction process,the initiative to reduce the Finally,in criminal proceedings,attention should be paid to the protection of the rights of outsiders,the construction of a complete system of rights,the improvement of legal provisions,and the strengthening of the protection of the right to information,the right to object and the right to participate in trials.