关键词: 刑事诉讼, 人身权, 财产权, 强制处分, 差别保护

Abstract: Both the property and personal rights are the basic rights of the accused，however，in coercive dispositions where rights are vulnerable to powers，the institutional design of China’s criminal procedure law places more weight on personal rights protection than on property rights protection. This design is not only detrimental to the defendant’s property rights，but also hinders the fairness and justice of criminal procedures and the credibility of the law enforcement. The criminal procedure law’s lack of due emphasis on property rights protection is closely connected with the constitution’s failure to give equal protection to both personal rights and private property rights. To make up this flaw of China’s criminal procedure law，it is necessary to establish a judicial review procedure for property coercive disposition；include into the coercive system such disposition actions as distraint，seizure，and freezing；more clearly define the essential conditions and set a preliminary time limit for coercive disposition of properties；and establish a new relief mode for property right whereby the coercive disposition can be waived through warrant.

Key words: personal rights, property rights, man coercive disposition, property coercive disposition, discriminated protection