Re-Amendment of the Criminal Procedure Law and Improvement of the Procedures for Handling Property Involved in Cases
Based on the requirements of due process and the protection of property rights,the concept of criminal procedure legislation should be transformed from"conviction-sentencing"to"conviction-sentencing-property disposal",and at the same time,attention should also be paid to the safeguarding of the property rights of outsiders.The current legislative supply on the handling of property involved in the case is not sufficient,resulting in the handling of property involved in the"pre-trial centrism"phenomenon is more prominent.This is not only manifested in the handling of property involved in the existence of"investigation and control of the decision-making"phenomenon of generalization,but also manifested in the fact that the relevant pre-trial organs can directly handle the property involved in cases and that the trial organs have omitted property involed in the cases or"copied"the pre-trail opinions,as well as the reversal of pre-trial attitudes even though the trial process has put forward opinions on the handling of property in the case.This makes the physical disposal of the property involved in the case unjustified and violates the basic requirements of the principle of procedural justice.Based on this,it should be returned to the"trial centrism"of the litigation structure.On the one hand,it is necessary to strengthen the procedural control and supervision of pre-trial handling of property involved in the case,and gradually have the procuratorial organs review and approve the investigation and control measures,and construct the hearing procedures for the handling of property involved in the case;on the other hand,it is also necessary to optimize the trial procedures for the handling of property involved in the case,to clearly define the objects of the trial and the corresponding trial priorities,and to form a system pattern that is"based on relative independence and supplemented by complete independence",and open up channels for outsiders with independent rights of ownership to participate effectively in the trial procedures for property in cases.
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