刑事案外人参与涉案财物裁判之程序建构

Construction of the Procedure for Outsiders to Participate in the Judgment of Property Involved in Criminal Cases

在刑事涉案财物裁判中加强案外人的财产权保护是刑事程序正义和产权司法保护的重要体现。刑事案外人对涉案财物的权属争议具有刑民交叉的特殊复杂性,但现行规定难以为案外人提供有力的保障,案外人程序参与的法律依据不足、程序规则不明确以及救济实效不佳等问题突出。刑事案外人的权利保障,根本上是要将案外人的财产权属争议解决在具备完整诉讼形态的审判环节中。这需要建立案外人参与涉案财物裁判的诉讼程序,明确检察机关启动与法院审理、案外人诉讼权利及制约、证明标准与责任分配等具体程序规则,保障案外人的有效参与,实现司法公正。

It is an important embodiment of criminal Procedural justice and judicial protection of property rights to strengthen the protection of property rights of outsiders in criminal property adjudication.The dispute over the ownership of the property involved by outsiders in criminal cases has a special complexity that intersects between criminal and civil law.However,current regulations are difficult to provide strong protection for outsiders,and the legal basis for their participation in the proceedings is insufficient,the procedural rules are unclear,and the effectiveness of relief is not high.The protection of the rights of outsiders in criminal cases is fundamentally to resolve disputes over the property rights of outsiders in a trial process with a complete litigation form.This requires establishing a litigation procedure for the participation of outsiders in the judgment of property involved in the case,clarifying specific procedural rules such as the initiation and court hearing of the procuratorial organs,the litigation rights and constraints of outsiders,the allocation of proof standards and responsibilities,etc.,to ensure the effective participation of outsiders and achieve judicial fairness.