"The People's Republic of China on May 1, 2022" The People's Republic of China Anti -Organizational Crime Law "(hereinafter referred to as the" Anti -Organizational Crime Law ")，Regulations on the identification and disposal of the property involved through the form of a special chapter，It laid a solid legal basis for the normalization of anti -crime and eliminating evil。This law stipulates: "In the process of trial of organizational crime cases，The nature of the property involved in the case、Affinity related to ownership、Evidence conducts court surveys、debate。The people's court shall make a judgment in accordance with the law，Processing the property involved。"" But there is no clear of the proof liability for the procedure of the property disposal of the property involved、Proof standards and review priorities，The property disposal involved in the case is random and attribute，It is easy to infringe on the legitimate rights and interests of the legal owner。

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Organizational crimes seriously hinder our country to build a harmonious society，Directly endangering the stability of my country's regime、Economic Development、Social order and public safety interests，It must be punished strictly。"Anti -Organizational Crime Law" is the first special law that punish organizational crimes in my country，is an effective legal legal weapon for normally anti -crime and eliminating evil，It is also an important step for my country to strengthen the construction of socialist rule of law。But the part of the law involved in the case is to be refined。

In practice，my country's criminal proceedings implement various cases (people's courts、People's Procuratorate、Public bet365 live casino games Security Organs) Division of labor is responsible、Cooperate with each other、Principles restricted by each other，Case handling presented stages in the vertical direction、Filial line type operation mode。The case handling unit is at different stages、Different links have a certain right to deal with the property involved，That is, the main body of the property disposal of the case。But the diverse subject is functional permissions、Factor positioning and other factors restrictions，This brings a lot of uncertainty to the property disposal involved，Learning to investigate and control and dispose of the scope of the property involved、Methods and results differences，seriously affects the unity and normative nature of judicial referees。

In order to completely reverse the bad tendency of "heavy and wealth"，Reduce the differences in the disposal of property involved，It is necessary to set up a unified and independent property disposal procedure。In the case of fully participating in the subjects of the lawsuit，Listening、review、debate，Finally dealt with the property involved，It can effectively guarantee the fairness of property disposal，Fully guarantee the property rights and interests of the subject of multiple litigation。

　　Introducing the Standard of Advantages

Organizational crimes often involve diverse types、Great amount、The property involved in the interwoven crime。During the referee，While conviction to the defendant，Can the property involved in the case directly related to the effectiveness of normalized punishment for organizational crimes。

Proved standards as judging whether the behavior of the behavior of criminal law constitutes a crime、Whether the actor bears the criterion and measure the criteria for criminal liability，Direct correlation with crime identification and property disposal involved。The disposal of the property involved in organizational crime，involved the specific identification of the defendant's charges and Bet365 app download the different demands of the property involved in the case，Diversification of the differences of proved content and the diversity of proof responsibilities，Therefore, the certification standard should also be distinguished。The focus of the law of people is to determine whether the defendant's behavior constitutes a crime and criminal liability，The result of its punishment is directly related to the limitation of its personal rights and even life rights、Define，Therefore, whether it is based on my country's criminal litigation structure，Objective requirements of the principle of fairness and fairness，All are required to apply the strictest "facts and clear facts，Evidence is true、Enhancement "proof standard。The property disposal involved in the case is used as a complaint of the object，It mainly involves the property rights and interests of the parties，Even if the damage brought by the error of the execution is relatively small，and can be compensated、Return and other methods to restore。

other，During the property disposal involved in the case, the parties and the public prosecutor's organs are in an equal legal status，It has similarities with civil lawsuits。For example, illegal income can be regarded as "debt of judicial"，Confession of illegal obtains can be regarded as a measure of imperial equality similar to the incompetent civil law。If the facts are required to use "clear facts，Evidence is true、Enhancement standards，Both parties to the lawsuit are a burden。On the one hand，Added a proof responsibility for the public prosecution agency and third party，Not conducive to the timely identification and disposal of the property involved。On the other hand，There is a huge amount of property involved in organizational crimes、Complex legal relationships，and sometimes the source is unknown。If the standard setting is too high，Then the judicial organs take a lot of judicial resources，Serious restriction of Bet365 app download litigation efficiency，Unable to cut off the economic foundation of the criminals in time，Not conducive to the punishment of crime。During the property disposal of the case，Not only does the public prosecutor's authority be proved to prove the property rights involved and its association with criminal acts，When the third person advocates that the property involved has the right to have any rights，It also needs to provide evidence to proof of its demands。So，Property proof of the advantages of civil proceedings in the property disposal of the case should be applied to。

　　Optimization of proof of responsibility allocation mechanism

In public prosecution，Request to recover the property involved、Order to refund or execute property criminal，All are the specific methods of public prosecutor's representatives to investigate the defendant's criminal responsibility and dispose of civil liability related to torture，It is the unity of the public prosecution agency that is backed by the country's coercive force and the right to propose punishment，Component of the pursuit function of the public prosecution agency。So，Liability for proof that the defendant is required to bear the adverse legal consequences must be borne by the public prosecution agency。But when the third person raised objection to the ownership of the property involved in the case，Equal subject with the public prosecution agency。If the public prosecution agency has proved that the property involved in the case is stolen and stubborn，When there is a correlation with criminal behavior，The third party who proposed the objection should bear the corresponding proof liability。

Specifically，The proof responsibilities that the public prosecution agency needs to bear mainly includes the following aspects。(1) The nature of the property involved。such as，Is it a hybrid property，Is it organized or personal property，Is it legal property or illegal income，Specific belonging to criminal tools、Based bet365 best casino games on the offenders or illegal income、Things used for crime、Guarantee things, etc.。(2) The correlation between criminal behavior and property involved。The legitimacy of property disposal requires that the property involved in the case is illegal、association。Never expand the disposal range in the process of disposal，Otherwise, it may violate the legitimate interests of the legal owner，It will also destroy the stability and legitimacy of the application of the law。(3) The correlation between the property obtained by the third party and the crime，"intervals" of whether they are involved in flawless and there are reasonable considerations。Third person profitable by crime，The court can only deal with。Whether there is an improper gain、Low price sales、Gift and other behaviors is the object of the key proof。such as，Companies set up by the actor will be set up by the criminal organization、The related property of the enterprise is transferred to a third person through various means，Whether it is based on legal intention or illegal purpose，This behavior should be identified as an invalid behavior，Property should also be identified as property involved。Another example，In the "proxy" case with the purpose of third -person profit，Even if the third person is in a state of unknown，But because there is a strong correlation between benefits and crimes，Based on the principle of "no one can make a profit from the crime"，It should also be confiscated by property。

The third person who objected to the property rights involved in the case，You also need to bear the corresponding proof responsibility。Its role in the property disposal procedure involved，Similar to the "third person with independent request rights" in the Civil Procedure Law。Its appeal is different from the public prosecution opinion of the public prosecution agency，It is also different from the defendant’s defense bet365 live casino games proposition，Even the claims of the victims are not the same。So，The above -mentioned third party needs to show evidence to confirm its appeal，If you have any right to enjoy the property involved、。

　　Clarify the focus of court review certificate

There are diverse sources of property involved in organizational crimes，Diverse ownership，Involved in Face Wide，Involved in Face Wide，How to define and dispose of the property involved in the case。During the trial process，It must be clarified to focus on the court review certificate。

First，We must focus on investigating the nature of the property involved、ownership and seizure、See、The legitimacy of the compulsory measures such as freezing。To review the source of funds、Going、belonging，Is it a mixed property、A total of property，Whether there is a mortgage right、Guarantee property rights, etc.。Compulsory measures to object must be attached with evidence materials that prove their ownership and specific situation of investigation and control，If you check and control organs、Term、Location、Value、Nature, etc.。For related derived property that lacks proved ownership，The trial organ can recommend the investigation authority to supplement the investigation。The rejection of the investigation organs，Certificate of Certificate of Court of Trial Organs，Unable to prove the property ownership involved，It should be returned to the investigation agency。Second，Keep investigating the nature of the property involved in the objection of the third party、Rehabilitation，Presence of evidence from all parties of the lawsuit，Confirmation of your claims based on the evidence of advantages。Last，Legal property and illegal property、Personal property and organizational property accurately with boundary points，It is necessary to reflect the strict punishment of organizational crimes，Pay attention to optimizing the business Bet365 lotto review environment，Protecting the development of private enterprises。

　　(The author is the judge of the People's Court of Dongcheng District, Beijing)