Research On The Protection Of The Third Person’s Property Rights In The New Criminal Procedure Law

The New Criminal Procedure Law of the property rights make us more aware ofthe importance of the third person’s, although the new law pay more attention toprotect the third person’s property rights, but there is still a shortage of place, such asthe protection’s range is not broad enough, and the protection and relief proceduresare flawed. At the same time, it is a big regret that the theoretical circle of criminalproceedings is also lacking of the third person’s property rights research. In deal withthe plight of theory and practice, this article conducts a comprehensive analysis theissue from different angles, apart from the theoretical analysis, furthermore thepractical analysis, and address personal suggestion for the sake of perfection.The first part of the article is introduction, which gives an overall description andguides the whole article. The second part is the main problem about the third person’sproperty rights in the criminal proceedings, mainly expounded the meaning of thethird person in the criminal proceedings and analysis its property rights whatproblems exist in the Criminal Procedure Law; The third part is mainlycomprehensive analysis the problems existing in the protection of property rights forthe third person’s, comprise the primary reason, procedural defects and difficulty toanalysis and research the property in the practice; The fourth part is analysis theoutside’s law about the protection of the third person’s property rights in criminallitigation, it will mainly analysis this issue in other country which in worthy ofreference, for instance, United States, Britain, Japan and Germany. The suggestionswill be forward to the protecting the third person’s property rights in fifth part, it willinclude the principle, security procedures of construction, the decision program therationalization.