刑事涉案财物处理的立法缺陷与完善

刑事涉案财物处理的立法缺陷主要表现为,法律渊源庞杂、分散,效力层次低;概念界定模糊不清,术语混淆使用,造成逻辑混乱;立法内容的粗放、缺漏、矛盾问题严重;以打击犯罪作为立法价值理念,忽视了对财产权的保护,以部门利益为导向,部门色彩浓厚。立法的缺失,导致了司法实践的混乱,不利于对被追诉人、被害人和案外人合法财产的保护。因此,要确立起打击犯罪和保护财产权并重的立法价值理念,调整立法模式,提升立法层次,并修改、补充立法内容,以增强法律法规的完备性、协调性和可操作性。

On the Legislative Defects and Improvement about Dealing with Property Involved In a Criminal Case

The legislation associated with how to deal with property involved in criminal cases has a variety of defects--the legal sources are numerous, dispersed and with low authority; definitions of some concepts are both vague and confusing, and the logical confusion can＇ t be avoided due to the incorrect usage of the terminology ; many omissions, the contents of the relevant legislation are extensive and contradictory as well; taking crime - fighting as legislative values, legislation overlooks the protection of property rights but gives too much emphases to departmental administration as a result caused the judicial confusion in practice of being oriented by departmental , which has a negative effect on the benefits. The lack of legislation has protection of legitimate property rights of the accused, the injured party and other individuals involved. Therefore, the legislative values should take both crime -fighting and rights -protecting into account, and in order to enhance the integrity, coordination and feasi- bility of relevant legislation, our attention should also be drawn to the adjustment of legislative modes, the improve- ment of legislative level, and the amendment and supplement of the contents.