Research On The Protection For Property Rights Of The Accused

Property right is protected by the Constitution as a basic right of citizen.In China,the property rights of the accused have not been valued for its special subject.Seizure is a mandatory measure in criminal procedure,in which the property rights of the accused are directly restricted and meanwhile prone to invade.Recent years,the aggression to the accused's property rights are frequently occurred in cases of illegal seizure in judicial practice.It is quite significant to optimize the seizure and to strengthen the protection of the accused's property rights for the improvement of Chinese contemporary criminal procedure system.The thesis starts with a case of illegal criminal seizure that executed by Liaoning provincial public security department in 2015 and the discuss is arranged as four sections.The first section reviews the current legislative situation and research significance of the protection of the accused's property rights in China.Section 2 discusses the current legislative situation and existing issues of seizure.Overall,the legislation of seizure cannot embody the constitutional rule of law in the protection of citizens' property rights,for the mandatory measures of seizure are not systematically legislated but are scattered in several laws,e.g.Criminal Procedure Law,Provisions on the Procedures for Handling Criminal Cases by Public Security Organs,The People's Procuratorate Rules of Criminal Procedure,and corresponding legal interpretations.In practice,the issues of seizure including the following four aspects.First,seizure is easy to start,since it is determined by scout.Second,the range of seizure is ambiguous so that it is usually expanded.Third,seized properties are seriously misappropriated after seizure for the absence of neutral depositary institution.Last,there is no effective remedy for the violation of the accused's properties in seizure,which is prone to emerge conflict thus influence justice authority.The third section introduces the advanced legislative experience of other countries.In civil law countries and common law countries,the protection of the accused's properties is valued as important as Constitution and the seizure is strictly ruled as a criminal compulsory measure.The power of police' seizure is restricted in procedure by establishing system of judicial examination and exclusionary rule of illegally obtained evidence.Further,the essential issue of seizure regarding reasonable doubt doctrine and emergency search system is constantly improved.The last section gives refined suggestions for the improvement of seizure in aspects of legislation,principle,procedure,depositary and remedy based on the practice and the analysis discussed in the previous sections,to rule the power of seizure and to strengthen the protection of the accused's property rights.