The Research On Defendant's Protecton Of Property Rights During Criminal Proceeding

As one of the most fundamental basic human rights enjoyed by every citizen, property right is protected by every country's Constitution. Our Constitution is no exception and it leveled up from civil right. Therefore, it is obvious that protection of property right has a particular significance, especially for those defendants whose liberty was restricted. At present, China's Criminal Procedure Law is not perfect in protecting the property of the defendant. The flaw of this system results in the failure of the property protection of defendant. Therefore, the thesis proposes to study the protection issues of property right of defendant in the criminal procedure. Limited to the more problems related to property right of defendant in the criminal procedure, the thesis begins with the analysis of the system of guaranteed pending trial and explores the protection of the defendant. The guaranteed pending trial is one of the five compulsory measures in China's criminal procedure which plays an important role in the protection of human right and keeping the criminal procedure work successfully. While the guaranteed pending trial involves the issues of property right of defendant, therefore it is necessary to explore the issues of protection of property right in the system of the guaranteed pending trial.