The Protection of the Right to Property in Criminal Process of Dealing with Criminal-related Property in China

• In Event: Further Reform of Chinese Criminal Justice--the New Amendment to Chinese Criminal Procedure Law

Abstract

With the development of the Chinese society and citizens' understanding of property rights, the role of the system for dealing criminal-related property within the criminal procedure has become increasingly prominent. The protection of property rights related to property involved in criminal proceedings is directly related to judicial fairness and the safeguarding of human rights. However, the current regulations are disproportionate to the importance and complexity of property protection, making it difficult to meet the requirements of modern social governance for the rule of law, and posing new challenges to protect the property right.
This Amendment to the Criminal Procedure Law should reflect the concept that citizens' property rights are fundamental rights equally as important as personal rights. This requires gradually eliminating the long-standing influence of the traditional criminal mindset in China that prioritizes personal rights over property rights, and transitioning to a modern governance philosophy that equally values both personal and property rights.

To equally protect the personal and property rights in criminal proceeding, it is necessary to improve the system for dealing criminal-related property. Specific recommendations include: First, the Chinese Criminal Procedure Law should establish a unified and relatively independent system to deal with criminal-related property with both criminal and civil elements. Second, the Criminal Procedure Law should construct a trial-centered system thereof. Third, a cross-departmental management center and a unified information platform for criminal-related property should be established.
This Amendment to the Criminal Procedure Law should systematically regulate the criminal-related property, and integrate the concept of protecting property rights throughout the entire criminal procedure, thereby advancing the development of the rule of law.

Author

• Shi Jiahui, Sichuan University School of Law