论我国财产刑的执行困境及其解决途径?

On Problems and Solutions in Execution of Property Penalty

在司法实践中,大量的财产刑判决难以得到有效的执行,主要表现为空判率高,执结率低。这严重影响了财产刑遏制和预防犯罪目的的实现。财产刑的执行难已成为亟待解决的问题。造成执行难有立法、司法、执法和人文等方面的原因,只有对症下药,才能根治这一顽症。

The property penalty, one of the most significant components of penalty system, is an executing penalty method taking deprivation of criminal＇s property; it plays a functional role in general and special prevention. However, many sentences of property punishment cannot be implemented effectively in judicial practice, mainly shown as low implementation rate and useless sentences. Currently, the situation of property penalty execution is so serious and it has inevitably become the obstruction to prevent and reduce crime. It is an urgent need to solve the difficulties in execution of property penalty. The author carries out an in-depth analysis of the problems and presents some suggestions in the paper.