An Exploration Of Civil Litigation Relief Procedures Attached To The Property Rights Of Victims Of Fraud Crimes

In recent years,fraudulent crimes have been frequent and have aroused widespread concern in society.Fraud crimes involve a large number of people,huge amounts of money,intricate and complex legal relationships,and great difficulties in property disposal.For reasons such as insufficient protection of civil rights and interests in criminal-civil crossover cases,an imperfect recovery and refund system and the lack of systematic procedures for the disposal of property involved in cases,the pre-trial recovery and refund of property of victims of fraud crimes in China is currently unsatisfactory,and the system of continued recovery and refund of property after judgement has not been effectively implemented.Victims of fraud crimes belong to a vulnerable group,and if the protection of the property rights and interests of victims cannot be effectively strengthened,it is very likely to lead to social stability problems and cause serious social harm.In the crime of fraud that infringes on the property rights of victims,there is a competition between civil tort liability and criminal liability.Criminal liability does not have the right to exclude civil liability.Victims of fraud crimes have the right to recover their property losses through civil proceedings.At present,China’s current criminal laws and regulations deprive victims of fraud crimes of the right to compensate for their damaged property by filing criminal incidental civil lawsuits.In order to better protect the property rights of victims of fraud crimes,victims should be allowed to file criminal incidental civil lawsuits to remedy their property losses.Establish diversified channels for property rights relief for victims of fraud crimes.Victims of fraud crimes have the right to choose between procedures and the right to decide whether to apply incidental civil action or criminal recovery and restitution procedures to remedy property damages.Judicial organs shall perform the obligation to explain the choice of procedure,and protect the procedural rights of victims of fraud crimes.Different types of fraud crimes are given to different types of fraud crimes.Improve systems for enforcement,recovery,and preservation in incidental civil litigation to better remedy the property rights of victims of fraud crimes.