On the criminal proceedings for the prosecution of persons property rights protection
|School||Nanjing Normal University|
|Keywords||Persons under criminal investigation property rights protection criminal prosecution the right relief|
Second Session of the 10th NPC adopted constitutional amendments specified "national respect for and protection of human rights," "the inviolability of private property of citizens" and other important elements, Liberty was restricted by recourse to the person speaking, this provision has a particular significance. At present, China’s Criminal Procedure Law was recourse to the protection of property rights exist certain errors, the system is not perfect affected by the prosecution of human rights protection, and in our judicial practice for the prosecution of human protection has not been one prosecution by the judiciary and property judiciary against the illegal situation prevails. Because of imperfect law, when property rights are infringed by the prosecution, they can not find satisfactory relief to protect their legitimate rights and interests. The system of law and practice, analysis of the deficiencies raised solutions, and improve the fundamental system is to limit the use of judicial power, judicial power must be used in appropriate context, and must follow the proper legal procedures to investigate crime and protect the human rights of both the prosecution balance of the relationship. And the prosecution of persons property rights protection system is also closely related to other factors, such as the independence of the judiciary and the quality of judicial personnel, this also from these aspects of the prosecution of persons seeking the protection of property rights. To protect property rights have been infringed by the prosecution were able to effectively relief to strictly define the scope of the illegal violations of property rights, we must further improve state compensation law for the prosecution of persons for more effective protection of property rights.