Protection Of Property Rights Of Entrepreneurs Who Involved In Criminal Cases

At present our country is in the critical period of economic transformation, the legal and economic system is not complete, also causes many entrepreneurs through grey original capital accumulation, but with the development of market economy in our country, the original capital can not stand the market test, and many entrepreneurs because of various reasons to commit crimes, criminal case for entrepreneurs, how our country law of sanctions, and as a representative of the company as a legal person, what they are weighing the civil property rights, which should be under the protection of the law, and what the illegal income must be returned to the society, the entrepreneurs involved is a key problem in the protection of property rights, how the entrepreneurs involved not defined property rights, the rights guaranteed said is false. This paper attempts to from the property rights of the entrepreneurs involved in this perspective, based on the present stage to compare several influential entrepreneurs involved the analysis of the case, to discuss about the entrepreneurs involved property rights protection law and the system construction, hope to protection of property rights for the entrepreneurs involved problem.Entrepreneur crime in recent years, some scholars begin to pay close attention to this phenomenon, but most scholars either from the perspective of criminology entrepreneurs to parse the result in the various causes of crime, such as the operation mode of the enterprise itself, the legal system problems of its own defects, entrepreneurs, or is the characteristic of crime criminal law applicable criminal law scholars are entrepreneurs charges dispute, etc. The theoretical circle there are very few scholars pay attention to the civil rights of stakeholders punishment entrepreneurs.The legislative level, criminal case entrepreneurs can implement civil rights, can what Civil Rights Act, is not this aspect of the normative documents in our country at present. Which directly lead to in the judicial practice, the judicial organs to wade arbitrariness of the disposition of property punishment entrepreneurs. Lead to entrepreneur’s property rights can not get due protection. Our country jurists for the study of entrepreneurs crime important focuses on the entrepreneur crime types, reasons, etc., the protection of civil rights of stakeholders punishment entrepreneur has also been marginalized, also has not been enough emphasis on academics rarely knew scholar involved in the research problem. Entrepreneurs because of the punishment right basic theory research of pan, the whole research is weak, the lack of authority of the interpretation of universally recognized. And the study of civil rights involving punishment entrepreneurs is very few. Criminal of the entrepreneurs involved in civil rights protection, is a problem, which involves many law of criminal judicial practice of the entrepreneurs involved in property damage is more serious, heavy light exist in the judicial organs of the people’s ideas, the public power of unjustified intervention is the main reason for the entrepreneur is not enough to protect civil rights. Still exist in the judicial organs to inertia, rights of social management should be strengthened by the judicial organs to social service concept of social management. The idea of criminal law and legislative position is not clear,should be a special emphasis on criminal law at the end of the positioning.This thesis is divided into four parts, the first part is the content of the thesis guiding, mainly discusses the background of the thesis writing, the significance of topic selection, and the innovation points and significance of thesis writing; The second part is the key content of the paper, from the perspective of literature analysis in this chapter I, mainly discusses the criminal entrepreneurs principle of protection of property rights, the value and the involved. After this part is the basis of two parts, only those who have the legal rights, to talk about the system construction; Thesis the third part from based on the analysis of actual case to see how to protect the property rights of the entrepreneurs involved in; Most critical part of this paper is the fourth part, in this part I think through the criminal legislation and system construction, trying to get a path for the property rights of the entrepreneur involved in the protection and ensure the property rights of the entrepreneurs involved.