A Study On The Execution Of Property Judgements Of Prison Offenders

Property judgment in criminal judgment,as one of the effective ways to punish offenders,has a long history and profound legal culture in China.Its origin can be traced back to the way of property punishment and execution from ancient times to the end of feudal society like Redemption,Small fine,Penalty and Nationality.It is a common practice for the international community to punish offenders by means of economic sanctions to comply with the trend of mitigation of penalty and standardization of penalty execution.In the history of our country,the method of property penalty punishment is used to adjust the uncertainty of the application range and weight of the principal punishment,to maintain relative fairness,and to ensure that the ruler's cautious punishment idea and people-oriented idea are embodied and implemented in the specific judgment.The property punishment measures of foreign countries originated from evading the bloody harm of family revenge and compensating the victims and their ethnic groups for their economic losses.Their agreement,compensation and economy are obviously superior to those of property punishment measures in the history of our country.For a long time,there are some problems in the property penalty measures and execution of Prison Criminals in our country,such as whether the judgment is executed or not,and the execution rate is low,which affect the seriousness and severity of the national execution of penalty and the unity and dignity of the national law.Correct and effective execution of criminal property judgments is an important and indispensable activity of penalty execution.It is an important measure to realize the function of penalty and repair the social relations damaged by crime.It is also an effective way to highlight the justice ofpenalty,maintain social harmony and stability,and safeguard the legitimate rights and interests of victims of crime.Since the Supreme People's Court established the linkage mechanism between the execution of criminal property sentences and commutation and parole in 2016,the execution of criminal property sentences has gone through the combination of judgment and non-judgment,and then the organic combination of free penalty and execution of property sentences,forming a good execution pattern of execution subject,execution supervision,execution cooperation,mutual cooperation and joint management,which promotes the execution of criminal property sentences.Improving the quality of execution of criminal property judgments.In judicial practice,there are imperfections in the execution system of criminal property judgments at the level of legal system,lack of coordination mechanism of execution linkage,imperfect matching mechanism,narrow coverage of execution,imperfect execution initiation mechanism and acting mechanism,imperfect connection mechanism between execution failure,execution relief and judicial assistance,and continuing recovery,so as to prevent the execution from being surrendered by the executed.There are some problems such as the lack of mechanism to implement and motivate the executed person to perform actively.In the adjudication,the judges have different understanding of the applicable standards and conditions of the six forms of property judgments,including incidental civil compensation,ordered compensation,compensation for economic losses,fines,confiscation of property,confiscation of illegal income from withdrawal,which leads to the difficulty in execution and execution caused by the inability of objective execution caused by the adjudication and the excessive amount of execution of property judgments.In the practice of implementation,there exists a lack of standardization and unification in the criteria and procedures for identifying and evaluating,and the principled provisions can not be implemented.The imbalance of the execution rate between ordinary criminals and"Duty crime,Financial fraudster and Criminal gangs".To improve the system and mechanism of execution of criminal property sentences,we need to proceed from the angle of justice for the people,standardizing law enforcement,impartial justice and safeguarding social fairness and justice,close the execution mechanism of free punishment and property sentences,and promote the coordination and mutual promotion of execution of free punishment and property sentences;we need to give full play to the unity of the state,society and prisons in safeguarding the legitimate rights and interests of the broad masses of the people.Strength,function and function,adhere to the principle of organic combination of operability and practicality,regard safeguarding the legitimate rights and interests of victims and social harmony and stability as the primary task,and establish the national compensation mechanism and social relief mechanism for victims of crime.It is necessary to further strengthen and standardize the judgment and execution of property judgments by amending laws,so as to prevent the difficulty and difficulty of execution from the source.It is necessary to establish a flexible and diversified connection mechanism and social linkage enforcement mechanism for the change of the executing subject of property judgments of criminals,and an effective way to guarantee the execution of property judgments,such as property investigation,seizure,seizure,freezing and preservation,through the whole process of case investigation,prosecution,trial and execution in the form of legislation.Property judgments should be executed by the system of changing subjects,recidivism and remission,and an incentive mechanism of combining leniency and strictness should be established to ensure the continuity and compulsion of execution.It is necessary to improve the execution enthusiasm and ability of the executed,establish creative compensation and performance mechanism,and solve the problems that can be fulfilled.It is also necessary to standardize and strengthen the social public welfare organization of prison enterprises.We should unify and standardize the system of payment of prisoners'labor remuneration and the mechanism of payment of prisoners'labor remuneration for property judgments,so as to solve the dilemma of execution of prisoners'property judgments.