Abstract: As a result of the vagueness of relevant provisions in the current laws, China is faced with many problems in judicial practice of concurrent civil and criminal litigation involving property rights, such as the criminalization of civil disputes, the urgent need to deal with property cases involving historical issues, and the lack of standardization in the disposition of the property involved in related cases. To improve the protection of property rights in concurrent criminal and civil litigation, it is necessary to properly handle the historical issues relating to property rights of private enterprises, and adopt such measures as building a unified platform for the disposition of property involved in the relevant cases, reforming the financial incentive mechanism of public security organs for the confiscation of property, and typologically constructing procedures for concurrent criminal-civil litigation. Based on the norms of property rights in the civil law, China should adhere to the principle of the unity of legal order, and bring the protection of property rights under the rule of law.

Keywords: concurrent criminal and civil litigation; protection of property; disposition of property involved in a case

The author of this article is a research fellow and a doctoral supervisor at and the head of the Procedure Law Department of CASS Law Institute. This article is published in 2 (2021) People’s Tribune.