Protection Of Property Rights Of Suspects In The Investigation Procedure

Property is the basis of human society, not only for her existence, but also for her evolution. In the view of the legislation and judicial practice in modern country who has established the developed rule of law, property right protection institutions have been set up comparatively well. Property right have been regulated the fundamental right of citizens in the constitutions of modern countries such as Germany,the USA and Japan, and it is not restricted or deprived by the illegal procedure. Criminal procedural law is considered as "the seismograph of constitution" or "applied constitution", it protects property right relatively including the criminal suspect in investigative procedure. To find and collect evidence, investigation organs will take compulsory measures during investigation. And the compulsory measures maybe interfere the property right of suspects, for example, search and seizure. If the investigative procedure is illegal, it will infringe the property right more seriously. Investigation organs may unavoidably compel to restrict and deprive suspect' s property right, with consideration of lopsided technical strength and the information resources between investigation organs and suspects in the criminal procedure. Sometimes suspect' s person right is restricted, so he can not protect his property right at all. To construct a system of procedural principles which includes legal process principle, proportional process principle, judicial writ principle, and so on, can control investigation power to perform properly. Property right is affirmed as a fundamental right in our country in 2004. But as an applied constitution, criminal procedure law can not offer conditions to protect property right. The absence of property protection idea and judicial practice is also the reason that we can not protect protection well. Modern countries set a good example on suspect' property protection during investigation. We can establish our own property protection system, on the basis of learning, transplanting the foreign legislative and judicial experiences and combining with our concrete situation.