On The Execution Of Criminal Jurisdiction Involving Property In China

This article takes the execution of the property-related part of criminal judgment as the object,aiming at providing reference for solving the difficulty of execution of the property-related part of criminal judgment from the perspective of property investigation control,execution procedure and rights relief,through literature research,integrating theory with practice and value analysis.This paper holds that the difficulty of partial execution of property-related criminal judgments in China is not only due to the unreasonable "dualistic structure" of the subject in the execution procedure and the inadequate procedural safeguard for the determination of property involved in a case,but also due to the large number of "difficulties in disposing property involved in a case","difficulties in dealing with victims and the third part" in judicial practice.The difficulties of protecting human rights and interests also make it difficult to carry out criminal judgments involving property.In order to solve the difficulty of partial execution of criminal judgments involving property,the Supreme People's Court officially implemented "Several Provisions of the Supreme People's Court on the partial execution of criminal judgments involving property" on November 6,2014.For the first time,the judicial interpretation collectively refers to the execution of such matters as fines,confiscation of property,order to return compensation,disposal of stolen goods transferred with the case and confiscation of personal property transferred with the case for the purpose of committing a crime as "the execution of the property-related part of criminal adjudication".It also refers to the existing problems in current judicial practice which are unfounded,controversial and difficult to deal with.Some of the issues were unified.On the basis of reviewing and analyzing the above judicial interpretations,this paper analyses the causes of the system defects and practical dilemmas of the partial execution of property-related criminal judgments,and puts forward four aspects from the perfection of the allocation mechanism of property investigation and control,the reform of the execution procedure,the improvement of the right relief mechanism and the improvement of the relevant system.Some effective suggestions were put forward to improve the execution effectiveness of criminal judgments involving property enforcement cases.