To Protect The Property Rights Of The Prosecution Of Persons In Criminal Procedure

Punishing crime and protecting human rights are two functions of criminal activities. Human rights are abundant, including personal rights and property rights Criminal Procedure Law in our country's achievements in the field of human rights protection mostly for the prosecution of human rights of the person, and ignored the same important property rights. In practice, the behavior of violating property of the prosecution of persons is gradually increasing. we must attach importance to its protection.This article on the criminal prosecution of persons in the protection of property rights, divided into three parts: In the first chapter expatiates the basic theory of property rights protection, defines the concept and characteristics of property rights, the content and the nature of criminal prosecution of persons. It provides the basis for the legitimacy of the prosecution of persons in the protection of property rights protection in criminal proceedings. In the second chapter, which described the prosecution of persons in our country on the status of property rights protection, analysis of the system involving property defects. It includes investigative procedures in the search, seizure and other measures to collect and manage the bail bond as well as criminal proceedings on the property involved in the processing. The third chapter explains how to perfect the protection of property rights of the prosecuted. It includes two aspects: the first is to establish general principles, which include the principle of due process, judicial review and proportionality. The second is about how to design a more comprehensive system. Search and seizure should be added to measures of system behavior. Judicial review system, which requires the issuance of search and seizure warrant legal review by the judges, complete record of the contents of a search warrant, search behavior of certainty, should be established on this basis. In the bail system, the power should be re-configured, bail bond and executive authority over the decision should be separated .The man who was released on bail, should have the right to choose the way of bail; Relate to the treatment to involved in the case property :first of all, the legitimate property of the scope of the defendants have been identified; second, the properties relevant to the case should be transferred to the court in principle; again, the responsibility of the illegal disposal of property should be clear . This article explains how to improve preventive measures, but also explains how to complete remedial measures, which include applications state compensation or tort litigation.