Property Rights Protection Suspects

Protecting human rights, and punish crime, are the two major objectives of criminal procedure.In criminal lawsuit, due to the accused person is in the status of the prosecution by the state, the prosecution authority can take enforcement reconnaissance means even restricting the personal freedom to suspects, so how to guarantee the human rights.in the criminal procedure the core of litigation rightsAs an important part of citizens basic human rights, accused person’s property rights protection are supposed to be an important content of human rights protection.In the past criminal procedural law research, we mainly focus on how to guarantee accused person’s personal liberty, and the corresponding procedure rights of fair trial, but as to how to protect the rights of accused person’s property is not enough.With the development of Market economy and further research in laws, people property rights security question has been carried on the preliminary study, This article is mainly talking about the Search and seizure, which can be devided into fore parts.The first part mainly introduces the basic theory of property rights to protect criminal suspects, due process principle, proportion principle and the judicial review principle, the three principles will greatly strengthen the protection of property rights to the criminal suspect, these are always throughout the investigation process, which will contain a writ, inform obligation, and so on.The second part mainly base on the United States fourth amendment count for forced to dispose of property rights system and the criminal suspect of the procedural safeguards, including writ principle, reasonable based on specific records, the continental law system countries, such as Germany, using the experience of the United States also continues to strengthen the constitutional control of seizure activity to the judicial seizure activity, therefore the federal constitution the fourth amendment on how to limit search and how to seize and protect property rights of criminal suspects have certain reference significance.The third part mainly introduces the problems existing in the investigation stage of criminal suspects property security. the lack of principle makes search seizure behavior starts at will; Fuzzy search range makes the search warrant is like a piece of blank "writ", giving the investigators too much discretion space; Processes lack of deprived of criminal suspects’ right to know and to hear, which is not conducive to the protection of property rights of the criminal suspect. Handler for the items being held against the presumption of innocence principle, the property of the criminal suspects returned to the victims before the trial, the existence of these problems makes the suspect property protection at a very low level.The fourth part mainly consummates our country’s search system of detention.Based on the current search problems that exist in the detention system, put forward to perfecting the writ system, held in refining the search reason and search scope, improving processes of affirming and conducting. These programs aim to form redistribution in search application and approval, strengthen the supervision of search to seize, thus achieve the purpose of protecting property rights to the criminal suspects.