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The Accused In Criminal Property Rights Problem Research

Posted on:2013-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:C FengFull Text:PDF
GTID:2296330362963910Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In criminal activities in practice, the accused in the issue of property rights has alwaysbeen run through, it not only directly affect the execution effect and action effects, but also tothe litigation right of reasonable configuration and the accused person’s basic human rightshas also been involved in. But our country criminal procedure law scholars research focus areoften focused on the accused’s personal rights protection issues. Not only the criminallegislation of the accused in the criminal procedure of the property rights and interests of lackof security code, and criminal theory circle have rarely involves the study of this topic. In thispaper, in order to protect the property rights of the accused is necessary as the breakthroughpoint, the accused in the criminal procedure of property rights protection research and relatedpaper, divided into four chapters, the first chapter is the accused in criminal protection ofproperty rights, the criminal prosecution scope as well as the property rights was made limit,at the same time on the the property rights of the theoretical basis and the necessity of. Thesecond chapter clarifies our country criminal prosecution property rights protection problem,namely property search, seizure problems, the bail bond system applicable problems ofproperty penalty, judicial discretion in the problem of existence and the stolen money systemproblems. The third chapter is the perfect accused property rights protection legislationconception, from macroscopical level and microcosmic level principle system construction. Inthe due process, procedural law, judicial review and the principle of proportion guidance andnorms, improve the property search, seizure of the bail system, security system, the stolenmoney that processing program and the establishment of property penalty sentencing norms.The fourth chapter discusses the perfect property right infringement prosecution reliefmechanism, main content is the relief way and the remedies. This paper looks forward to theproperty rights to protect the accused this theory research to do what little one can to helpeffect.
Keywords/Search Tags:criminal prosecution, persons under criminal investigation, propertyrights protection, the right relief
PDF Full Text Request
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