Property Right and Criminal Procedure: From the Perspective of Protection of the Defendants Property Rights;

However,compared to other Countries and the United Nations Standards of Criminal Justice,our Country s protection to defendant s human rights still exists some defects.

To improve the system of protecting the defendant s legitimate rights and interests,the following measures should be taken: 1.

There exist some chronic maladies such as "extorting a confession by torture" and "extended custody" with respect to the rights of the accused.

In the criminal field where violent conflict between national power and civil rights exists,the relief of rights for the accused can help protect civil rights,prevent the abuse of state power,promote the peaceful settlement of conflicts between nation and citizen and the mutual legal assistance in the world and is of great significance in the construction of a harmonious society.

The deficiencies are as follows: the system doesn t entitle the non-defendant the just judicial rights, which is different from the inner request of litigation subject; it violates the necessary request of contradictory relation principle of justness and efficiency; it doesn t accord with the equivalence principle between prosecutor and defendant; it goes against the main ideas of the principl.