Research On The Protection Of Property Rights Of Prosecuted Persons In China

In recent years,there have been some experts and scholars carrying on research on the protection of the property rights of the accused in our country,and some suggestions have been made.Though there is a gradual improvement from the judicial system,the effect of the judicial practice is not satisfactory still.The improper protection of the property rights of the accused will,on the one hand,damage the property rights of the accused.On the other hand,it is not conducive to the identification of the truth of the case and damage the authority of the judiciary.The main reasons for the improper guarantee of the property rights of the accused are the lack of warrant of search and seizure and the unclear standard of justification for starting reasons,the lack of the necessary contents of the search warrant,the unscientific system of the search and seizure of property,the fuzzy standard of the margin collection and failure in the pending trial,the lack of restriction on the decision and the execution,and the ambiguity of the return procedure.The relief mechanism is not perfect.Through the legislative investigation of the property rights of the prosecuted extraterritorial,combined with the actual situation of our country,we should improve the improper guarantee of the property right of the accused on the basis of the principle of due process,the principle of judicial review and the principle of proportion,and then gradually refine the provisions of the system of search and seizure,the insurance system of the guarantor pending trial and the relief mechanism.