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Recognition, Treatment and Procedural Design of Disputes on the Ownership of Case-Related Criminal Property

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DOI: 10.23977/jsoce.2024.060117 | Downloads: 7 | Views: 91

Author(s)

Yanqing Fang 1

Affiliation(s)

1 School of the English Language and Culture, Xiamen University Tan Kah Kee College, Xiamen, China

Corresponding Author

Yanqing Fang

ABSTRACT

The new Criminal Procedure Law on the property involved in the handling of larger judicial institutionalized adjustments. It initially reflects the legislator on the protection of the legitimate property rights of citizens. However, the judicial practice involved in the determination of the ownership of the handling of the property is still not a sound pre-trial processing mechanism. There are still flawed trial procedures and the lack of post-sentence remedies which involves criminalization of the people. The main reason for the main people from the criminal. In this regard, Long Zongzhi has pointed out that "emphasizing the protection of the general interests of society in public prosecution cases, and emphasizing that the public prosecution authorities can represent the requirements of the victims. These situations have more or less ignored the plurality and contradictory nature of the interests of society, and neglected the unique requirements of the victims.......[9]." The legislative value concept, therefore, should be the criminal procedure of personal rights and property rights protection of the concept of equal importance. We should learn from the extraterritorial models for handling disputes over the ownership of property involved in cases. Specifically stipulate the procedures for handling seized, detained and frozen property, giving victims and outsiders who have disputes over the ownership of property in a case the right to file lawsuits with the court. And through the rules of civil litigation, the ownership of the property involved in the case shall be determined, thus regulating the handling of the property involved in the case.

KEYWORDS

Criminal Property, Property Rights, The New Criminal Procedure Law

CITE THIS PAPER

Yanqing Fang, Recognition, Treatment and Procedural Design of Disputes on the Ownership of Case-Related Criminal Property . Journal of Sociology and Ethnology (2024) Vol. 6: 122-131. DOI: http://dx.doi.org/10.23977/jsoce.2024.060117.

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