刑事审判阶段涉案财物处置中案外人的权利保障

Protection of Rights of Outsiders in Disposal of Property Involved in Criminal Trial Stage

刑事诉讼程序中公民的财产权利长期被忽视,涉案财物处置与案外人利益息息相关。从当前我国立法及司法实践来看,刑事审判阶段涉案财物处置中对案外人财产权保障不足,缺乏必要的救济程序,影响了对案外人利益的保护。具体表现为涉案财物与案外人概念不清,案外人的知情权、参与权保障不足等诸多问题。因此,以《刑诉法解释》第279条为中心,从涉案财物情况告知义务主体和送达方式、案外人参与权的法律基础、案外人参与刑事诉讼的流程等角度进行分析和探讨,加强案外人在刑事诉讼中的权利保障。

The property rights of citizens have been neglected for a long time in the criminal procedure,and the disposal of property involved in the case is closely related to the interests of outsiders.Judging from the current legislation and judicial practice in our country,the property rights of outsiders are not protected enough and the necessary relief procedures are lacking in the disposal of property involved in criminal trial,which affects the protection of the interests of outsiders.The specific manifestations are the unclear concept of the property involved and the outsiders,and the outsiders'right to know and participation is not guaranteed.Therefore,with Article 279 of the Interpretation of the Criminal Procedure Law as the center,this paper analyzes and discusses the subject of the obligation to inform the property information involved in the case,the way to serve the property information,the legal basis of the participation right of outsiders,and the process of outsiders'participation in criminal proceedings,so as to strengthen the protection of the rights of outsiders in criminal proceedings.