财产刑执行监督问题初探

On Supervision over Execution of Property Punishment

目前财产刑执行问题迭出的现状表明,我国现行的执行体制及相关制度存在着重大缺陷:法律未规定执行时效制度和财产刑易科自由刑制度、判处财产刑之前缺乏必要的财产状况调查程序、财产刑由法院执行的体制不合理等。加强财产刑执行检察监督要从工作制度创新的层面入手,寻求监督机制的突破。

Many flaws can be noticed in current execution mechanism and relevant system in China, according to the fact that lots of problems keep coming forth while conducting the execution of the property punishment. Various flaws include facts that there are no prescription system of execution and the system of exchange the property punishment with that against freedom, the absence of necessary procedure of investigation on property before trial, unreasonable system of court conducting the execution and etc. . The enforcement of prosecutorial supervision over execution of property punishment should take the system innovation as a starting point, seeking the breakthrough of supervision mechanism.