涉众型经济犯罪案件 追缴与退赔执行的困境及对策

涉众型经济犯罪的复杂性、特殊性决定了其判后追缴、退赔工作的难度,在"重人身、轻财产"的刑事司法理念影响下,涉案财产的性质与权属不明、查控与保全滞后、裁判主文表述不明等问题都未能给判后执行创造良好的基础和条件,且容易造成审判与执行的脱节。对此,应及早保全涉案财物并妥善保管,构建正当的审理程序,落实实体审理内容并规范制作裁判文书,为后续执行奠定正当性的实体基础和物质基础。

On Dilemma and Strategy of Recovery and cCompensation for Economic Crimes that Numerous Victims Involved

The complexity and particularity of economic crimes that numerous victims involved results in the difficulty of recovery and compensation after judgement.The concept of criminal justice that pays more attention to personal rights than property causes the problems such as the nature and ownership of the property involved in the case is unclear,and the investigation and conservation is lagging behind,and the body of judgment is ambiguous,which leads to the failure of creating good conditions for execution of judgment,and the disconnection between trial and execution.Therefore, the property involved in the case should be preserved as early as possible and kept properly, proper trial procedure should be established, the substantive hearing should be implemented and the judgment should be standarded,which will establish the foundation of execution.