On The Offender's Property Rights System Against The Background Of A Harmonious Society

In recent years, to build a harmonious socialist society is a major strategic development goal of our country. And to build a harmonious offender property rights system is an indispensable part of harmonious social relation. A harmonious society is an ideal form of society pursued by human beings since ancient times. But only when mankind enters into the era of rule of law, through the establishment of complicated social relations regulated by the full and effective legal mechanism, can we really achieve a stable and orderly society, and set up a stable and good condition among the people.The property right of individual citizens in the socialist countries has been a very controversial subject. After China's property law is passed, this controversial subject is given a more definite conclusion - the individual citizen's individual property right, the State Property right and the collective property rights should be given equal protection. However, the following subject is another issue, whether the property rights of offenders should be clearly and specifically protected? There appear clear divergence and heated debate among many experts and scholars.After the new constitutional amendment is passed in 2004, there appear a lot of discussions on human rights topics and relevant books. The prison is the first place from which you can decide one country's level of human rights protection. Many experts and scholars of the prison and law have repeatedly participated in the study of issues on the human rights protection of the criminals, while property right of the offender was rarely concerned in China until the passage of property law. China's prisons and the protection of the rights of offenders is also a very worthy practical problem, particularly for the protection of offender's property rights. Although in practice it has been embodied in the law and regulations from the perspective of view, it also should be said to be a new subject. This "new subject"primarily is reflected in the following aspects: First, the Property Rights Law is newly adopted. Second, the comparative study of the prison law and property law is new. Third, the protection of offender's property rights is new. Fourth, the way of study and research is new. Offender's property rights system is a new research subject, and it should be provided in China's Property Law and Prison Law as well as in other laws within the scope of further exploration and study. At the same time, the protection of property rights of offenders should be combined with that in Western countries, and it should also be closely linked with China's special conditions.China's Property Law provides that the State, collectives and individuals property rights should be equally treated, and their property rights should also receive equal protection. Criminals - as a special citizen group, their property rights are more specific. With the establishment of a socialist harmonious society, the prison law is stretched as the legal protection of property rights offenders. How to make criminals property rights protection more effective and more workable is also a very worthy of study subject.Before the author writes the article, a lot of relevant materials are referred to and a detailed analysis and research is carried out. From the beginning, with the theory of Law, the author adopts the way of analysis and synthesis, comparatively analyses China's criminal property rights protection system in a comprehensive explanation. The author outlines the social background and practical significance of the protection of offender's property rights, and the need of criminals to protect property rights. And then gradually makes a brief overview on the meaning of offender's property rights, content and main features of the existing legal system, such as the prison. The author also makes a detailed comparative analysis on the level of protection of offender's property rights , criminals property rights protection by Chinese and foreign legal systems, and then made further suggestions on the system of protection of offender's property rights.In our view: to solve the imperfections of the existing laws and regulations about the protection of the offender's property rights , the prison law should be amended as soon as possible - rather than the development of specific criminals Property Law. In particular the property rights of these criminals should be further improved on the relevant provisions, so that it can do its best to meet our the basic requirements of rapid development of a harmonious socialist society. Before this, the prison authorities should bear more responsibility for the protection of offender's property rights. And other relevant departments should also protect criminals and courageously assume the heavy responsibility of property rights, contributing to a socialist harmonious society.IMIS, the criminal's property rights protection system is a new subject. Although in China the number of laws and regulations, rules and regulations and prison work in practice are on different levels of expression, and real in-depth study and extensive study are not very much. But with the development of society and the rule of law in China and the raising of criminal property rights protection level, more and more attention, will be gradually paid to criminal's property rights protection with Chinese character.