Property Rights Protection Of The Accused In Criminal Proceedings

The property rights, the right to life and the liberty are regarded as the most important rights of human in almost countries, protected by the Constitution. Our Constitution clearly states that the "the state respects and safeguards human rights" and "citizens’ lawful private property is inviolable" and other important contents. As the "application of the Constitution", the Code of Criminal Procedure will also protect human rights as one of the purpose of criminal proceedings. Protecting the property rights of citizens should receive more attention.Criminal proceedings for the purpose of crime control, so property rights are bound to intervene, but for the purpose of protection of human rights, bound to protect the property rights. Criminal proceedings in order to achieve the national power of punishment for their important mission, in essence, is an implementation of the penalty right, the accused facing powerful prosecution organ, the natural expansion of state power and the prosecuted party’s disadvantaged status lead to the accused ’ property rights vulnerable to abuse. The property problems of the accused not only affects the person’s property litigation results, but also directly involved in the prosecuted party’s basic human rights. But the theory of Criminal Procedure traditionally focused on to protect personal right, property rights protection for less involved. Legislation on criminal proceedings against the accused property protection concerns is not enough, lack of relevant system support and procedural safeguards, in criminal justice practice relevant national authorities ignore the prosecuted party’s property rights, the prosecution of serious violations of human property.This paper starts from the basic theory of the accused property protection in criminal proceedings, then inspects and analyzes the status quo of China’s property rights, extract extraterritorial universal concepts, principles and systems, combined with China’s basic national conditions and learn from the experience of extraterritorial proposed idea to perfect the property rights protection. The article is divided into four chapters:The first chapter is property rights protection of the accused overview. This chapter begins for the meaning of property rights, including property rights and related concepts, the prosecuted party’s property content, the prosecuted party’s property features these three sections. On the basis of the four pairs of concepts to clarify the definition of the concept of property rights, are belonging to the right of property, property rights in public law, private property rights. The prosecuted party’s property rights contents in accordance with the contents of the object, divided into substance crime, the evidence of things, the preservation of the thing. The prosecuted party’s property rights features include inherent, specific, defensive. Secondly, the analysis is the theoretical basis of protecting the property rights of people, mainly from the natural rights theory, public power and private rights and the "relative rationalism" judicial reform model. According to the British thinker Locke’s labor theory of value, labor produces private property, property rights and the right to life, liberty belonging to natural rights, the government should protect them. And because the power of the government has natural expansive, it is necessary to limit the powers of government, which is Locke’s theory of limited government.The second chapter is the status quo of property rights protection. This chapter begins with an overview of China’s 2012 "Code of Criminal Procedure," the initial response to the prosecuted party’s property rights issue. Article 115 of the Criminal Procedure Law provides for the prosecuted party right to charge. Section 234 provides for the decision made by the people’s court involved in the disposal of property. The fifth series special program has some benefit for protection of the prosecuted party’s property rights. Secondly, China still has problems in protection of the prosecuted party’s property rights, mainly on the matter of enforcement measures concept system has not been established, the lack of effective measures to limit property rights investigation of judicial control, identification and disposition of proceeds of crime procedural imperfections, lack of prosecution of persons infringement of property rights by the relief mechanism. Criminal Procedure Law does not limit the property rights system of compulsory measures included in the investigation measures, start these measures is completely determined by the investigating authorities themselves, which led to the judicial practice of investigative organs start any search, seizure and other investigative measures. The prosecuted party’s property rights protection lacks of judicial remedies, although you can lift the state compensation, but there are more questions need to be perfect. Finally, using the method of empirical analysis, the prosecution of persons for violations of property rights case analysis, from the high incidence of cases of violations of property rights to start the macro environment, Wu Ying case analyzes the existing problems involving the disposal of property, including non-judicial disposal of property and the absence of Right to Know.The third chapter is extraterritorial drawing of the prosecuted party’s property rights protection. Firstly, analysis the United States, Britain, Germany primarily system of protecting the property rights, including the British and American search, seizure, bail system and the German emergency search and seizure system problems and improvements. Then review and summarize extracted warrant judicial review and judicial system worthy of our reference, but that does not mean you can copy these two systems, but should reflect these two regimes "legal first" philosophy and the "balance of power" concepts, combined with China’s judicial conduct actual design of the system and the specific conditions of localization. Such as system of judicial review, it is difficult for the court to review, and it is more feasible for the procurator to review, which is not in the strict sense of judicial review system, but the "supreme law" and "balance of power" concept was still carried out.The fourth chapter is to improve protection system of the prosecuted party’s property rights. The basic principles of due process, the principle of proportionality, the principle of the right to remedy the start, in the analysis of the content and requirements of the various basic principles, discusses the guidance of various principles in property rights protection. For example connotation due process procedures, including legal and procedural justice, which requires compulsory measures should be legal and justice. The principle of proportionality requires our criminal proceedings should not be arbitrarily expand the scope of mandatory and should not charge excessive margin. Specific procedures protection includes establishing compulsory measures matter of quasi-judicial review mechanisms, refine and perfect the mechanism identified and disposal proceeds of crime, and property rights Expand relief mechanism discussed by the infringement these four aspects. It is not necessarily to change legislative style immediately, in order to maintain the stability of the law, can Specific measures to perfect first, and then make changes on the legislative system when conditions are ripe. The establishment of quasi-judicial review mechanism should conduct detailed design, including a review of the sector, the content, duration, and other remedies main content. Refine and perfect the property identified and disposal mechanism should uphold the principle of "no dirty presumption", and without a court decision, any property should not be identified as proceeds of crime, nor any authority arbitrarily to be addressed. Relief mechanism Establishment of relief mechanism should compensate the entity relief mechanisms and establish procedural sanctions relief mechanisms.