Research On The Investigation Of Qualified Property Rights

In the criminal proceedings,the academic circles have paid much attention to the protection of the right of life and freedom of the suspects and defendants all the time,while relatively little attention has been paid to the property right,which is also one of the basic rights of citizens.We cannot deny that citizens' lives and freedoms should be more concerned than property.However,with the development of the times and the continuous improvement of the criminal procedure,property rights,as a basic right,have the common nature of basic human rights,and follow the basic principles of protecting human rights.Therefore,we should pay attention to the protection of property rights of criminal suspects and defendants.In criminal procedure,the implement of the investigation of qualified property rights has great influence on the property rights of suspects and defendants.And this paper,taking the investigation of qualified property rights of our country as the research object,and using the methods of comparative analysis,logical analysis and literature analysis,first generally summarizes the related concepts of the investigation of qualified property rights,then discusses the current situation of the implementation of the investigation of qualified property rights in China's criminal procedure and practice,and analyzes the methods of work of some investigative organizations in practice,and points out the problems.Moreover,in combination with the relevant provisions of the investigation of qualified property rights in other countries,this paper puts forward some suggestions to perfect the investigation of qualified property rights in China from the perspective of theory and practice.The main body of this paper is divided into the following parts:The introduction part mainly puts forward the background of the topic,the status of the research at home and abroad as well as the innovation of the paper.In the investigation of criminal cases,the investigation of qualified property rights is widely adopted by the investigative organizations,and these behaviors often lead to the infringement of the rights of the property owners.However,this problem has not been paid much attention in both the theoretical and practical circles,so it is necessary to be studied.The first part is mainly a general overview of the investigation of qualified property rights.First,it defines the related concepts of the investigation of qualified property rights,and points out that the investigation of qualified property rights refers to the investigation involving property rights that aims to collect evidence,protect relative property rights and maintain litigation activities in the process of investigating criminal case,which is mainly embodied in sealing up,detaining and freezing.Then it analyzes the characteristics of the investigation of qualified property rights,which are mandatory,procedural,temporary and administrative.The second part analyses the present situation of the implementation of the investigation of qualified property rights in China,and points out the problems of the investigative organizations in sealing up,detaining,freezing and so on,and these are mainly analyzed from four aspects: Firstly,the relevant laws and regulations are not perfect,and the operability is not strong.Secondly,the implementation procedures are not sound and lack restriction and supervision.Thirdly,the management of property involved is not standardized,and there are many violations.Fourthly,the relief system is not perfect and the property right is difficult to guarantee.The third part enumerates the relevant provisions of the investigation of qualified property rights abroad,so as to lay the foundation for the following suggestions.The relevant regulations of six countries are enumerated,and the difference from the present stage of our country is found out by comparing with other countries in this kind of investigation and the lessons worth learning from are analyzed.The fourth part combines the practice of the investigation of qualified property rights in other countries.And at the same time,through the analysis of the present situation of China's society,it puts forward some suggestions to improve the related system of the investigation of qualified property rights,which are elaborated mainly through strengthening legislation,improving supervision,standardizing procedures,and improving relief.