检察机关扣押、冻结款物处分规范化分析-法律专业论文.docxVIP

II II Research of the standardization of freezing and detaining funds in the People’s Procuratorate Abstract In the process of dealing with all kinds of crimes, detainment and freezing of illicit money are essential for the People’s Procuratorate to protect evidence and investigation. Inappropriate conducts in this process will not only violate individuals’ Property Rights, which protect interests of both parties, but also impact on the People’s Procuratorate and may even result in corruption. The author demonstrates her understanding of laws concerning freezing and detaining illicit funds with specific analysis of these laws. At present, Laws concerning detainment and freezing of illicit funds show deficiency and methods applied by different regions show divergence in process, which lead to confusion in the process of enforcement. For instance, some detained or frozen illicit funds are either delayed timelessly or held by operating departments for illegal utilization. All these problems can be ascribed to the lack of standardization in the process of detaining and freezing illegal properties. The author summaries her ideas in four perspectives according to a report of investigation executed recently, which comes from her experience of working in People’s Procuratorate of a certain region. Firstly, she generalizes definition and range of detaining and freezing illegal properties and funds. Secondly, she raises current problems in the process of disposal, citing detailed cases and crimes as examples. Thirdly, the author analyzes the cause of the problems according to the report executed in the People’s Procuratorate of a region. Finally, she refers to methods of resolving the issues concerning detainment and freezing of illegal funds and properties. With the method proposed in the Third Plenary Session of 18th CPC III III Central Committee that provincial or lower-regional People’s Procuratorate will operate under unified administration when disposing il