罪犯执行财产义务与减刑、假释审理联动机制之研究

The Study on the Linkage Mechanism of the Criminal's Performing Property Obligation and Commutation and Parole Hearing

财产刑执行难等问题长期困扰司法实践。罪犯执行财产义务与减刑、假释审理联动机制,即为破解上述困境而创设。作为一项崭新的制度,"联动机制"有其现实基础、政策指引、规范依据和法理根基。但实践表明,该机制仍存在以下问题:功能定位存在偏差、犯罪执行能力审查机制混乱。因此,归正"联动机制"的功能定位、完善罪犯执行能力的审查制度等乃题中之意。

The problems such as the difficulty in performing property have become obstacles for judicial practice for a long time. Consequently, the linkage mechanism of the criminal＇ s performing property obligation and commutation and parole hearing is established to solve these problems. As a new system, the linkage mechanism is based on reality, guided by government policy, adjusted by rules and rooted in legal principles. However, it is proved by practice that there are some defects in this system, namely, its functional orientation is incorrect, and the review mechanism for the criminal＇ s executive capacity is chaotic. Therefore, this paper means to clarify the functional orientation of the linkage mechanism and improve its review mechanism.