Study On Disposal Of Property Involved In Criminal Cases Of Illegal Fund-raising

In recent years,criminal cases of illegal fund-raising occur frequently.The disposal of property involved in criminal cases of illegal fund-raising gradually becomes an extremely important and complex topic,which is highly concerned by all sectors of society.In order to effectively deal with the property involved in illegal fund-raising crime,it is necessary to start from the characteristics of illegal fund-raising crime and put forward reasonable countermeasures item by item in view of a series of problems existing in the disposal process.In this paper,J City is selected as the model,starting with the core concepts of illegal fund-raising crime and property involved,and combing through the connotation,theoretical basis,disposal characteristics and path of the subject of this research,to discuss the realistic dilemma in the disposal process of property involved in illegal fund-raising criminal cases.From the current legislative situation,the existing norms on property disposal involved in illegal fund-raising criminal cases are scattered and rough.Lack of specific operational rules in relevant laws;From the social empirical point of view,many problems,such as fuzzy disposal subjects and procedures,unclear ownership of the property involved,and difficult recovery of the property involved,also affect its smooth progress.At the same time,by comparing the three modes of "criminal confiscation" in the United States,"recovery and confiscation" in Germany,and "recovery and confiscation" in Japan,foreign experience has inspired us to pay attention to special legislation,to clarify the ownership of the property involved,and to build a remedy mechanism for the rights of interested parties.In view of the fact that the disposal of property involved in criminal cases of illegal fund-raising has its practical background and characteristics in terms of procedures,disposal methods and paths,we should absorb excellent experience,learn from each other,be good at starting from the actual particularity of criminal cases of illegal fund-raising,and do a good job in designing top-level rules.The first is to form a special legal system for the disposal of property involved in criminal cases of illegal fund-raising,change the situation of relatively decentralized,principled and rough existing legislation,and guide practice through special normative legislation;Second,through the change of the judicial idea and the refinement of the early screening procedure of the involved property to achieve the effect of clarifying the ownership of the involved property;Third,by breaking the "utilitarian" factor and realizing the diversification of the means of recovery,the intensity of recovery of the involved property is constantly enhanced,so as to improve the recovery system of the involved property.The fourth is to promote the gradual improvement of supporting measures by improving the disposal subject and method and building the interest balance mechanism,so as to make a breakthrough in the effect of property return involved.