Predicament And Breakthrough: Triangle Fraud Victim Property Rights Conflict And Perfect Relief

The right to compensation for the victims is an important right of judicial relief. However,due to the current legislation of our country on the conflict and vulnerability, and implementation issues in the judicial practice, resulting in the victim is often difficult to obtain compensation in reality, this point in the triangle in the crime of fraud is particularly prominent, the protection of rights and interests of the victim property more complex, lead to compensatory chaos in judicial practice. In this paper, in reference to foreign criminal usurpation type crime model legislation to protect the premise, put forward China triangle fraud crime victim protection of property rights of path, the main point of view is: should allow the triangle in the crime of fraud victims filed a criminal incidental civil lawsuit and civil lawsuit alone, then filed a separate civil action shall be the defendant and property possession or dispose of people listed as a co defendant, filed a tort action, not only to property occupies or dispose of the defendant a contract action. In addition, for the comprehensive protection of the property rights, should also explore and improve the national relief system of criminal in our country.