State compensation for illegally confiscated property clarified several issues.

First, the state compensation for criminal illegal possession of property clarified several issues. The state compensation decision made by the the Supreme People's Court Compensation Commission has clarified four important issues: First, whether the attachment with the case is legal. The plaintiff claimed that the measure of the investigation organ to detain 20 million yuan was illegal from the beginning, that is, it was illegal from the date of seizure. The Decision on State Compensation holds that before the criminal judgment of Benxi Intermediate People's Court came into effect, the handling of the 20 million yuan seized by the investigation organ could not be regarded as illegal seizure, and the reason why Beipeng Company claimed that the seizure was illegal from the beginning could not be established. In other words, the seizure measures taken by the investigation organ in the process of criminal case investigation are legal and well-founded, and they are criminal compulsory measures taken in criminal proceedings to investigate criminal cases. There is a legal basis from the two aspects of the proceedings and compulsory measures attached to the case. Therefore, the legality of the seizure measures cannot be denied with the case because of the handling result of the case. Second, it is illegal to remain in custody after serving a sentence. Seizure with the case is legal and well documented, and there is no legal basis for further seizure after the criminal case is over. When will the criminal proceedings in this case end? It is the end of criminal proceedings from investigation, prosecution, judgment of first instance to the entry into force of final judgment. In other words, after the criminal judgment of Benxi Intermediate People's Court came into effect, the criminal proceedings ended. As the proceedings have ended, the case has been closed. After the case is closed, the criminal compulsory measures taken with the case should of course end. However, in this case, the investigation organ did not return the detained 20 million yuan after the criminal proceedings ended, forming a legal state of continued detention. This state compensation decision holds that the Liaoning Provincial Public Security Bureau will not return the above-mentioned detained money after the criminal judgment takes effect, which is not in compliance with the law. That is to say, the illegal seizure stipulated in Article 18 of the State Compensation Law should include all kinds of situations in which the seizure measures attached to the case have not been lifted after the criminal proceedings have ended. This is the main significance of the state compensation decision. Third, the illegal transfer of seized property does not affect the determination of the organ liable for compensation. Who should be the organ liable for compensation in this case is another important issue in this case. In fact, the investigation organ has turned over the 20 million yuan initially seized to the financial special account. Will this fact lead to the transfer of the state organ liable for compensation? According to the national compensation decision, the Liaoning Provincial Public Security Department detained 20 million yuan from Beipeng Company to the account designated by the Department on September 9, 2008, and remitted it to the "Special Account for Financial Remittance of Non-tax Income of Liaoning Provincial Public Security Department" in the name of "Public Security Confiscation Income" on October 7, 2009, but failed to make legal documents and deliver them to Beipeng Company according to legal procedures. For Beipeng Company, the money is still being detained by the Liaoning Provincial Public Security Department. I think, not only for Beipeng Company, but more importantly, from the legal procedure, the seizure measures still belong to the seizure measures of Liaoning Provincial Public Security Bureau, and the seized property still belongs to the seizure of Liaoning Provincial Public Security Bureau. Therefore, although the seized property has been handed over by the Liaoning Provincial Public Security Department, it still belongs to the Liaoning Provincial Public Security Department in law, and it is legal and reasonable for the Public Security Department to be the state organ liable for compensation. Fourth, the bank's interest for the same period. According to the State Compensation Law, if fines or fines are imposed, recovered or confiscated money, frozen deposits or remittances are returned, interest on bank deposits for the same period shall be paid. In this case, the criminal judgment did not. (2009) No.6-2 of the second trial was made on June 20 18 14. After the judgment comes into effect, the investigation organ shall return the 20 million yuan seized. If you don't return it, you need to pay the bank interest for the same period. However, interest includes demand deposit interest and time deposit interest, and time deposit interest is divided into three months, six months, one year, two years, three years and five years. The compensation decision of this country is based on the benchmark interest rate of one-year lump-sum fixed deposit. This compensation standard can be said from two aspects. On the one hand, it is the interest of time deposit instead of current deposit, because it is unreasonable to calculate the interest of current deposit for a long time, so from the perspective of protecting the legitimate rights and interests of the parties, both high and low are considered time deposits. On the other hand, it is a one-year term instead of a two-year term or even a five-year term. Because the conventional logic of the law is daily, monthly and annual calculation, it means that it has reached the standard higher than the daily and monthly interest rates. Starting from the principle of balance and rationality, it is not the highest standard or the lowest standard, but the standard that takes into account the interests of all parties, so it is reasonable and appropriate. Second, what charges will be involved in the property seizure error In order to further standardize the seizure, seizure and freezing measures in civil execution and safeguard the legitimate rights and interests of the parties, these Provisions are formulated in accordance with the provisions of the Civil Procedure Law of People's Republic of China (PRC) and the practical experience of the people's courts in civil execution. What charges will be involved in the property seizure error, which is of great significance for the parties to rely on the law to safeguard their rights. Possession refers to the possessor's actual control over real estate or chattel. So possession is a state of control. The possessor can be the real estate or chattel that he has the right to possess according to law. If he takes possession of the leased property delivered by the other party during the lease period according to the lease contract, the owner is not the owner. The possessor may also have no right to possess other people's real estate or movable property. Borrow other people's things, and don't return them after the expiration date. Possession is in good faith when the possessor does not know that he has no right to possess; Knowing that you belong to unauthorized possession, it belongs to malicious possession. These are illegal possession. Exploring its historical roots, possession involves many legal issues, and its legal system is very rich. The meaning, constitutive requirements and nature of possession are the basic problems of possession system, and its analysis is the basic breakthrough point of possession theory research. The word possession comes from the Latin pos-session. Roman law first stipulated the system of possession, and the understanding of the meaning of possession also developed and changed. At first, possession and possession were treated equally, and then natural possession and legal possession appeared. The relevant state departments should pay attention to the above problems when making state compensation, and it is strictly forbidden to have unfair and untrue practices, thus affecting the victims. Seizure of property will also involve serious consequences such as seizure and freezing of property. At the same time, it also reminds the masses to abide by the law in their daily lives, put an end to illegal temptations and set an example. Society will be stable and harmonious.