On The Protection Of Property Rights In The Procedure Of Criminal Seizure

The criminal seizure refers to a series of investigators in the investigation activities investigation,inspection,search,inspection,review,and to prove that the criminal suspect and the defendant's guilt or innocence of various items,file a compulsory measures to collect evidence related to the case object,its essence is a violation of property rights of citizens the."Criminal Procedure Law" provisions of article 139 th of criminal detention is a kind of investigation activities,not seized into chapter sixth compulsory measures to regulate,which is not conducive to the protection of the rights of citizens' basic property.In 2012,"respecting and safeguarding human rights,the protection of citizens' personal rights and property rights" has been recognized as the "Criminal Procedure Law" of the task,it demonstrates the criminal procedure system of our country major progress in the protection of the rights of citizens.However,this change is still hidden behind the emphasis on "people" light "money" system imbalance,that is,focusing on the protection of the rights of the people of the right,the relative neglect of the standardization of property rights protection.The criminal seizure has the legal nature of the object and mandatory means.The object of criminal seizure is criminal property.The property involved in the case usually contains things that can be taken as evidence and confiscated,which can be used as evidence of the facts of the crime in the future.The way of criminal seizure is usually the possession of possession,and the means of obtaining it is mandatory.The provisions of article 139 th,article 141 st and article 142 nd of the criminal procedure law are mandatory for the seizure of articles,documents,mail,telegrams,etc..The criminal seizure has the function of litigation preservation,the forty-eighth item of the criminal procedure law of our country stipulates the material used to prove the facts of the case as evidence,and the evidence has objectivity,relevance and legitimacy.The object of the seizure,which may be a kind of evidence,shall have the potential of evidence.In the implementation of the seizure,and do not have to confirm what is used to prove the facts.Because the final evidence is uncertain,and the development of the program is unpredictable,it is unnecessary to consider the evidence method and its value in the future.After the seizure of the burden of proof procedures,whether the actual court,whether the court was actually based on the decision,will not affect the legality of the seizure.What is important is that the object is helpful to the proof,and the determination is determined by the means of the seizure.In the seizure phase,as long as the matter helps clarify the facts of the case,whether there are other alternative evidence,can clarify the same point of contention,in principle,is not important.The other is to prevent crime criminal detention,criminal detention of two is the object of confiscation of property,including contraband object and discretion confiscated included,these articles usually associated with a crime,detained by the authorities seized after the temporary custody,can prevent the free worsen or continuation of crime,or in case of other crimes.Third,the criminal seizure can guarantee the execution of the penalty.Confiscation usually has the nature of punishment,security and criminal law.Most of the items seized the suspect or the property of the party,before the suspect is guilty according to law without attachment retained custody by the authorities handling the case,to prevent property seized by illegal transfer or illegal disposal effect.At the same time,in order to ensure the implementation of the confiscation penalty in the future,once the judgment comes into force,will be implemented.Is on the right of criminal seizure articles and documents of possession and use rights restriction and deprivation,in criminal detention,the most easily overlooked is the violation of the Constitution gives citizens a right of property,should be strictly regulated by the law.From the legislative point of view,China's Constitution clearly stipulates that the legitimate property rights of citizens are not violated.In 2012,the criminal procedure law also emphasized the importance of respecting and protecting the property rights of citizens.However,in the judicial practice,the illegal seizure and detention are not standard,the detained items are lost,damaged,lost,and there is no place to seek relief.Although the "Criminal Procedure Law","public security organs on the handling of criminal cases procedures","people's Procuratorate criminal procedure regulations(Trial)"),"the public security organs involved in the property and custody of the work regulations" and other laws of the seizure procedures stipulated,but legislation is too scattered and many a differences in the specific operation process in this disguise aggravated criminal seizure chaos.From the theoretical point of view,the criminal seizure in China has always been qualitative investigation activities to the investigation organ,will not have been included in the compulsory measures system to regulate,which lead to the formation of a complete and rigorous system,unable to face criminal seizure regulation from the system.And the criminal seizure decision and execution rights belong to the investigation organs are not separated,the investigation organ both player and referee,and the legal supervision of the procuratorial organs has lagged behind,unable to form the effective supervision,investigation personnel abuses are repeated.From the practical point of view,the western mature legislation of criminal seizure,will determine the power and executive power of criminal seizure separate execution right belongs to the investigation organ,the decision belongs to the procuratorial organs,procuratorial organs to establish the review mechanism,from the source to prevent the abuse of power and corruption,refined and strict application and approval of criminal seizure the program,so as to achieve the standardization of criminal detention,safeguarding the citizens' property rights to.This paper is based on the property rights of citizens especially the property possession and use rights as the starting point,analyzing the existing problems in criminal detention,and analyze the causes for the problem,some combination of foreign mature experience,at the end of the norms of criminal detention,in order to better protect citizens in the process of criminal seizure of property put forward specific and targeted recommendations and opinions,calling for more people to pay attention to the protection of property rights,must not continue to "" light "material" and "light of property rights".The structure of this paper is as follows:The first chapter analyzes the theoretical foundation and necessity of property rights protection for criminal detention,elaborated western natural property rights theory and China's property and property rights and guarantee,including the legal basis and practical basis,namely the protection of property rights is the inevitable requirement of the constitution,but also the balance of national public power and private rights,realize fairness and justice needs.There are second chapter of criminal seizure of property security issues,including the launch of the standard of criminal seizure is low and is not open,illegal search and seizure phenomenon,the investigation organ of both the player and the referee and the property is violated,the lack of relief channels and so on.The third chapter focuses on criminal seizure of property security problems cause analysis.In China's judicial practice,there are many problems in the protection of property rights in the stage of criminal seizure.The legislation will not be included in the criminal detention system of compulsory measures to regulate the legislative departments everywhere,the investigation organ set application rights,decision and executive power in one,and the lack of prohibition of seizure investigators to protect property rights provisions of the ideas of the weak.The fourth chapter based on the analysis in the third chapter,according to the criminal seizure of property security put forward specific ideas.The first to establish the procuratorial organs system,adhere to the principle of perfecting the criminal detention writs;second implementation procedures,adhere to the principle of proportionality,improve the implementation of the third witness system,standardize storage procedures;third the disposition of property results reflected in the judgment;finally to improve property right infringement relief way,adhere to the "right in need of relief,improve the reimbursement and confiscate the objection procedure.