Research On The Protection Of Criminal Victims' Property Rights

In China's criminal litigation activities,on the one hand,the victim has been in a forgotten state for a long time,especially in recent years,with the development of people's awareness of human rights,the rights of the prosecuted have received more and more attention.In other words,the victim's rights protection system has stagnated and has not developed for a long time.On the other hand,as the subject of rights violations,the protection of legal rights of victims is the due meaning of legal society construction.Among the victims 'neglected rights,the lack of a property right protection system is particularly serious.The current legislation is prefer to protect the victim's personal rights,rather than to protect of the victim's property rights.The protection of the victims'property rights is imminent.In view of this,this article uses Ding and others to raise funds for fraud as an example.Through the analysis of the case,this paper analyzes the defects of the victim's property right protection system and proposes its own recommended measures in order to benefit judicial practice.This article is mainly divided into the following sections.First,clarify the basic situation of the case,and find out the legal problems in the protection of the property rights of the victims reflected in the case.Then,based on these legal issues and judicial practice,summarize the reasons leading to these problems:On the one hand,the case is complicated.But on the other hand,it is more because in China's current criminal litigation system,the victim's property rights protection system is not complete,and there are deficiencies in.pre-trial return procedures,recovery enforcement,victims' right to participate in litigation,and litigation relief procedures;secondly,combined China's judicial practice and legislative norms address legal flaws in the victim's property rights protection system:lack of operability in the pretrial return procedure,inadequate enforcement of judgments,inadequate protection of victims' rights to participate in litigation,and flaws in the victim's property rights relief process;finally,Aiming at the shortcomings of the victim's property right protection system,the foreign legislative experience is used to propose its own perfect countermeasures.It mainly includes:strengthening the operability of the pre-trial return procedure,improving the recovery and enforcement mechanism of criminal-related property,strengthening the protection of victims' right to participate in litigation,optimizing litigation relief procedures,and establishing a unified national compensation system for criminal victims.