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Research On The Protection Of The Rights Of Subjects Related To Property Involved In Mass Economic Crimes

Posted on:2021-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
GTID:2416330629451000Subject:Law
Abstract/Summary:PDF Full Text Request
Along with China's rapid economic development,crime in the economic sphere has also shown a rising trend,and the number of cases of economic crime involving large numbers of people has increased in a geometric manner.As the concepts of the rule of law,such as statutory and procedural justice,have gradually become more and more popular,the personal rights of criminal suspects and defendants have been protected to a certain extent;however,in dealing with economic crimes involving the public,the public security and judicial organs have unilaterally emphasized the fairness of the conviction and sentencing,inadequately protected the property rights of the relevant subjects,and failed to pay sufficient attention at the legislative level;in judicial practice,the property rights of the relevant subjects have been frequently ignored."Respect and protect human rights" has long been written into our country's Constitution;as the fundamental law of our country,the Constitution is mostly principled in its content,so how to realize rights from the level that they should be to the level that they should be,and how the Criminal Procedure Law,as a "mini-constitution",can guarantee the implementation of the rights of subjects related to property involved in mass economic crimes,will have a great impact on whether the rights of subjects related to rights can be realized;therefore,it is necessary to study in depth the status and problems of the rights of subjects related to property involved in mass economic crimes,and to propose targeted measures to solve them.The first part is an overview,which elaborates on the connotations,characteristics and types of the concepts of mass-related economic crimes,mass-related economic crimes,property-related subjects of mass-related economic crimes and property-related subjects of mass-related economic crimes.The second part deals with the protection of the rights of persons being prosecuted for public economic crimes in relation to their property in the case;the problems raised by the cases in which the lawful property of persons being prosecuted was improperly violated by the public security organs in judicialpractice are analysed,and the reasons why the public security organs unlawfully seized and froze the lawful property of persons being prosecuted are analysed,and relevant recommendations are made to protect the rights of persons being prosecuted for their property in the case.The third part is about the protection of victims' property rights in mass-related economic crimes.In judicial practice,the public security organs wrongly identified the participants in the collection of funds as criminal suspects,resulting in the improper violation of the legitimate property rights of the participants in the collection of funds,and brought out the complex problem of identifying the victims in mass-related economic crimes,analyzed the reasons for the inadequate protection of the litigation and property rights of the victims,and made recommendations for the protection of the victims' property rights in the case.The fourth part is the guarantee of the right to the property of outsiders in the case of mass economic crimes.Because the public security organs did not have sufficient capacity to determine the ownership of the property in question at the initial stage of dealing with mass economic crimes,cases in which the legal rights of outsiders were improperly violated led to complaints and accusations from outsiders,and even if the objections raised by outsiders were successful,the results of the tenure review conducted by the public security organs were not conclusive,making it difficult to effectively protect the property rights of outsiders,an analysis of which was made,and relevant recommendations were made to protect the property rights of outsiders.
Keywords/Search Tags:economic crimes involving the public, property, prosecuted persons, victims, outsiders, protection of rights
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