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查询冻结是侦查机关获取证据,打击犯罪时经常使用的一种针对财物的侦查措施。实践中,侦查机关在实施查询、冻结活动时存在着诸如程序规范性差、违法侵权性严重和被追诉人财产权保障不力等问题。针对查询冻结制度实施的现状及其存在的诸多问题,应当通过查询冻结程序的规范化、查询冻结程序构造的司法化、强化犯罪嫌疑人财产权的保护和救济制度等,来完善我国的刑事查询冻结制度。
Quarantine inquiry is a kind of detection measure against property often used by investigative authorities to obtain evidence and combat crime. In practice, the investigating authorities have problems such as poor procedural norms, serious violations of law infringement and poor protection of the property rights of the prosecutors during the implementation of inquiries and freezing of activities. In view of the status quo of the implementation of the inquiry freezing system and its many existing problems, the system of freezing the criminal inquiry should be perfected by querying the standardization of the freezing procedure, judicializing the construction of the freezing procedure, and strengthening the protection and relief system of the property rights of the suspects. .