Abstract
Property right is not only an important part of human rights, but also is a very important guarantee to realize the other parts of human rights. Strengthening human rights protection is the development direction of the criminal procedure law. Moreover, the criminal procedure law not only protects property rights, but poses a threat to them. It should be one of the development directions of the criminal procedure law to strengthen the function of the guarantee on property right. The criminal responsibility investigation of the criminals is emphasized in criminal procedure law of our country, but the guarantee on property right is usually neglected, which result in some problems that investigation procedure and the processing program of the property involved in the case in criminal procedure law of our country. Nowadays, with the attention to the function of human rights protection in criminal procedure, the suspects and the personal rights of defendants are increasingly concerned, but there are still some problems in the protection of legal property rights of related people. In overseas, the protection of property right of individual citizens has always been emphasized, so they all pay attention to it whatever the criminal procedure of the civil law countries or the common law system countries. The requirement of the protection of property right is considered as one of the basic requirement of due process of criminal procedure. And just because of it, pretrial investigation procedure,the procedure of public litigation and the trial procedure all pay attention to the protection of the property right comparatively. In recent years, the property right has been emphasized more and more, so the design of criminal procedure should also present it. Therefore, according to the situation of our country, we should endow deserved right with the property of lawful holder involved in case by using the valuable legislative experience and practice of other countries for reference and limiting the part of right of judicial office. Meanwhile, we should improve the protection of property right of criminal procedure by strengthening the justification of measures procedure of property involved in case.
Key words: Criminal Procedure; Property rights; Property in involved cases; Guarantee