Criminal procedure is intended to maintain social stability and order through condemnation and conviction.However,with the development of economy and society,criminal crime presents a complicated situation.Besides the original category of conviction and sentencing,criminal procedure also involves the handling of the goods involved.There is a close relationship between the disposal of the property involved in the criminal case and the rights to the property and interests of the parties,so the criminal procedure also takes into account the effect and function of solving the civil problem.In practice,it has triggered many disputes and cases of the loss of rights and interests of outsiders,further triggering corresponding chain reactions,which is not conducive to the principle of procedural justice in criminal proceedings and the optimization of the market business environment.However,in general.the current academic research on the disposal of the assets involved in the case is relatively scattered,and there is no systematic research.In addition to the special confiscation procedure and criminal seizure,other methods of dealing with property involved in the case pay less attention,and mostly focus on phenomenon analysis,lack of cause analysis and provide effective solutions.The improper disposal of the property involved in the case may involve infringement of the legal property rights of the outsiders.However,there is a lack of research on the property protection of the outsiders in the academic circle.Further study of the principle of litigation is needed to better protect people’s security of property.Based on the analysis and argumentation of a large number of domestic and foreign data,this paper firstly interprets the theory of the case of the outsiders’property rights protection,and analyzes and refining the current situation of the case of the outsiders’ property rights protection,analyzes the reason of the case of the outsiders’ property rights protection is insufficient,and finally proposes corresponding countermeasure measures.This article makes specific suggestions about protection of the property rights of outsiders from the aspects of legal status,subject qualification and restriction of improper exercise of public power.This paper expected that through combing the property disposal system involved in criminal case and reflecting on the the current situation and the predicament of protecting the rights of foreigners in the case of property disposal in criminal case in our country,it could put forward perfect measures to provide theoretical help for solving the problem of lack of protecting the rights of outsiders in judicial practice. |