Study On The Guarantee Of The Accused Person’s Property Rights In Criminal Procedure

As a procedural law,criminal procedure law should also pay attention to the protection of property rights while protecting personal rights.There is no absolute balance between the two kinds of rights protection in the criminal procedure,which pays more attention to the conviction and punishment of the accused.The concept of the protection of rights is less inclined to the protection of property rights.There are some prominent problems in the judicial practice due to the investigation facilitation and the lack of judicial review,which can not effectively guarantee the property rights of the criminal accused.This article mainly through five chapters to expatiate on the criminal coercive measures that have a greater impact on the property rights of the accused and the more prominent problems in the disposal of the property involved in the case after adopting the criminal coercive measures,and put forward the ideas for improvement: First of all,through on the concept,scope,property rights related to understand the criminal accused person property rights,and further analysis of the necessity of criminal accused person property rights protection,mainly based on the investigation of convenience,the neglect of property rights,partly due to the lack of judicial review to a certain extent of property rights protection in criminal being prosecuted for people to ignore.Second,through normative analysis on the criminal law provisions of the accused man had a greater influence on the property rights analysis summary,found that the problem is mainly for compulsory measures has yet to establish the concept of lead to the use of criminal compulsory measures lack the necessary judicial review,forced property scope is arbitrary,the lack of effective property rights of criminal accused person relief mechanism,And in the pre-trial stage of the property involved in the first disposal,pre-trial return,custody mechanism and other links there are big problems.Thirdly,through comparative analysis,the article analyzes the institutional provisions of the protection of the property rights of the criminal indictee outside the territory,and summarizes the universal principles.Finally,based on the experience of foreign countries,the main ideas to improve the specific problems are as follows: establish the concept of physical coercive measures and conduct judicial review by procuratorial organs,so as to regulate the use of criminal coercive measures and the disposal of property involved in the pre-trial stage;At the same time,it gives the judicatory relief right when the property right of the criminal accused is infringed,and broadens the effective relief way.Further improve the first disposal of the property involved in the case,pre-trial return,storage of the start-up conditions,the subject of decision,so as to improve the protection of the property rights of the criminal accused.