The Research On The Execution Of Criminal Judgments Involving Property

In1997revision of the “Criminal Law of the People’s Republic ofChina”set the property punishment. The proportion of the criminal judgmentinvolving the property punishment is higher and higher. And in recent years,cases of economic crimes and property violation has shown high incidencetrend. This makes the most of the content of criminal sentences involveproperty matters. But compared with strict enforcement on the defendant’sphysical punishment, the execution on the part of property punishment isrelatively casual. Execution rate is not high. This makes a criminal sentencebecoming a dead letter. This seriously affect the criminal penalty’s enactingpurpose and damage the seriousness and authority of judicial judge. Facingcurrent economic crime cases occur frequently, it’s important to improve theimplementation mechanism of criminal judgment involving property,strengthen execution. In this way, real disciplinary punishment and warningfunction can be into full play. This paper first briefly introduces the range of criminal judgmentinvolving property. The paper expounds the difficult of the execution ofcriminal judgment involving property. The reasons of enforcement difficultyinclude: the person subjected to execution lack of ability and high cost ofexecution. The subjective factor is court do not pay enough attention to theexecution of property punishment. But the main thing is that the legislation isnot perfect, there are shortcomings in the system, such as the functions ofthe organs are not clear, the lack of effective coordination, lack of propertyinvestigation control mechanisms, lack of oversight mechanisms. On thisbasis, we propose it should establish the mechanism of investigation andcontrol about defendant’s property, particularly in the criminal investigationstage. It should establish monitoring mechanisms of property punishmentexecution and expand the subject of fine penalty relief, improve fine penaltyrelief program. It should established the system of fine exchanging freedompenalty and improve the executable program.