刑事涉案财物处置程序的反思与改革

Reflection and Reform on the Disposal Procedure of Property Involved in Criminal Cases

我国刑事涉案财物处置程序的相关规定呈现出明显的碎片化特征,缺乏上位法的集中性规定。在司法实践中,审前阶段涉案财物保管处置失当、对物强制措施的适用存在任意性,审判阶段的审理程序虚化,导致“漏判”“空判”现象严重。追本溯源,主要症结在于审前阶段的涉案财物处置缺乏诉讼化构造、审判阶段的涉案财物审理依附于定罪量刑程序、被害人及案外人等利害关系人缺少参与诉讼并主张权利的路径。针对上述问题,应当以《刑事诉讼法》修改为契机,回应人民群众对司法人权保障的更高期待,满足社会经济发展对法治化营商环境的现实需求,推进以审判为中心的诉讼制度改革目标。在本次修法中,建议以完善审前涉案财物的保管与处置、构建相对独立的涉案财物审理程序、制定案外人等利害关系人的权益保障制度为着力点予以重点修正。

The relevant provisions of China's procedures for the disposal of criminally related property show an obvious fragmentation,lacking the centralized provisions of a higher-level law.In judicial practice,the pre-trial stage of the property involved in the custody of the disposal of improper,the application of coercive measures in rem exists arbitrarily,the trial stage of the trial procedures,resulting in the omission of empty judgment phenomenon is serious.The reason for this is the lack of a litigation structure for the disposal of property at the pre-trial stage,the dependence of the property trial on the conviction and sentencing process,and the lack of a path to protect the rights and interests of victims,outsiders and other interested parties to participate in the proceedings and claim their rights.To address the above problems,the revision of the Criminal Procedure Law should be used as an opportunity to respond to the people's higher expectations for judicial human rights protection,to meet the realistic needs of socio-economic development for a business environment based on the rule of law,to promote the reform of the litigation system with a focus on trial,and to improve the pre-trial custody and disposal of property involved in the case,to build a relatively independent procedure for the trial of property involved in the case,and to formulate a system of protection for the rights and interests of the stakeholders,such as the outsiders,as a focus point.The focus of this amendment is to improve the system of safeguarding the rights and interests of outsiders and other interested parties.