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The Research On The Protection Of Property Right For Criminal Suspect Under Investigation

Posted on:2008-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:H F WangFull Text:PDF
GTID:2166360215463307Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In 2004, Second Session of the 10th NPC adopted constitutional amendments specified"national respect for and protection of human rights","the inviolability of private property of citizens"and other important elements, Liberty was restricted by recourse to the person speaking, this provision has a particular significance. For a long time criminal procedural research concentrates on the protection of the person rights of the suspect, but comparatively neglects what of the property rights. Moreover, in our judicial practice for the prosecution of human protection has not been one prosecution by the judiciary and property judiciary against the illegal situation prevails. Because the process about property rights not only lacks of the basic notion and principles, but also lacks of rational institution and procedures, when property rights are infringed by the prosecution, they can not find satisfactory relief to protect their legitimate rights and interests.This article is named"The Research on the Protection of Property Right for Criminal Suspect under Investigation", which is divided into four parts: In the first chapter, I put forward the theoretical proposition and meaning about property right protection in the investigation. The first purpose and assignment of this paper is to emphasize the issue that property right is also the one of the fundamental rights, and also should be guaranteed. It exploits a new theoretical field, and arouses researcher's attentions to the protection of suspect's property right. The second chapter gives the present and problems of China's criminal procedure on property right protection in investigation. Nowadays, the reform of criminal procedural institution is in the wind. We should know the real condition of property right protection in the enforcement of criminal procedure law, and grasp the real problem. The third chapter,"the observation and study of the institutions for property right protection in foreign countries and regions."In this part, I make a research on the correlative legislative experiences and practical mechanism in foreign countries and regions, which contain a series of specific procedural institution and rules about search, seizure, bail caution money, and so forth. And then, I try to conclude the universal experiences on suspects'property right protection in criminal procedure. The fourth chapter"The perfect plan of property right protection in investigation."Based on the study of the protection of property rights of search about the main countries, analyses present condition and problem about China's system, learning, transplanting the foreign legislative and experiences, and research the standardization of our process and institution of protection of property rights in investigation.
Keywords/Search Tags:investigation procedure, criminal suspect, property right protection, perfect plan
PDF Full Text Request
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