To Protect The Property Rights Of The Prosecution Of Persons In Criminal Procedure

Punishing crimes and protecting the human rights are the two important missions of the criminal procedure law. As three basic human rights, life, liberty and property rights are the most fundamental contents for the government to respect and safeguard the human rights. Therefore, as one of the basic human rights, the protection of respondent’s property shall be the important element of the criminal procedure law to protect human rights.Previously, the research on the protection of defendant’s rights mainly focused on the personal freedom, while the research on the property rights is little. The amendment of criminal procedural law, published on30August2011, has referred to the rule about the protection of defendant’s property rights, and the discussion about it is in the ascendant, yet. This paper analyzes the current situation of the protection of defendant’s property rights in our country, and points out the existing problems, and proposes some improving suggestions. This article mainly divided into four parts:This paper in our country’s criminal procedure defendant, analyses the current situation of property rights, points out the existing problems, and advances some improving Suggestions. This article mainly divided into four parts:Firstly, the basic principles about the defendant and property rights are elaborated, and the significance to protect the defendant’s property rights is put forward. Protecting the defendant’s property rights is requirement of the implementing of international conventions on human rights and the maintenance of the authority of the constitution and the realization of the criminal procedure law.Secondly, the rules about the protection of the defendant’s property rights in our country at present are mainly discussed, and the defectiveness of search, distrain and freezing of cash deposit and proceeds of crime in the legislation and practice process is priority analyzed. Which mainly contained:(1) the scope of search, distrain and freezing is ambiguous and the reason is simple;(2) the lack of relief mechanism for search, distrain and freezing;(3) the existing great randomness about the guarantor pending trial margin amount;(4) the nonstandard of the confiscating of guarantor pending trial margin;(5) the imperfection in the identification and disposition of the proceeds of crime. Thirdly, the principles to protect the defendant’s property rights are mainly illustrated. These are the program legal principle, the proportion principle and judicial review principle. Meanwhile, the necessity of the implementation and the effect of the three principles in protecting the defendant’s property rights are pointed out.The fourth part is mainly aimed at the questions proposed in the third part, namely to propose some advice about the perfection of the system to protect the defendant’s property rights in our country. This consists of four parts:(1) the perfection of the search, distrain and freezing system;(2) the completion of the guarantor pending trial deposit system;(3) the improvement in the identification and disposition of the proceeds of crime;(4) the property rights protection for the sentenced to innocent defendants.In general, the problem about the protection of the defendant’s property rights in the criminal procedure is studied by the means of induction and summary. The problem about the defendant’s property right exists throughout the process. Not only does it directly affect the ruling executive and litigation effect, but also related to the reasonable distribution of litigation right and the defendant’s basic human rights. Therefore, we must improve the relative system in the protection of defendant’s property rights.