Research On The Dilemma And Countermeasures Of The Execution Of Property Penalty In China

The lightening of punishment is the mainstream trend of the modern judicial civilization in the world.With the continuous promulgation of the amendment to the criminal law in China,the crime of property punishment stipulated in the criminal law is increasing day by day,and the application frequency of property punishment in judicial practice is also increasing day by day.Property penalty is an important part of the contemporary penalty system in China,which is of great significance for punishing and preventing crimes,protecting human rights and maintaining social order and stability.Compared with freedom and life penalty,property penalty is of unique value in protecting the legitimate rights and interests of the defendant and minimizing the damage caused by unjust,false and wrong cases to the defendant.However,the difficulty of execution of property penalty is a theoretical and practical problem that has puzzled the judicial organs of our country for a long time.In recent years,the execution of criminal property penalty has not been regarded as the focus of the execution of civil and commercial cases in the "basic solution of execution difficulty" execution activities initiated by the national court system.Therefore,as a common phenomenon,the execution difficulty of property penalty still exists in judicial practice.In judicial practice,the execution of property penalty is faced with multiple difficulties,such as the neglect of property penalty execution,the delay in delivery and transfer,the difficulty in the examination and control of property clues,and the low enforcement rate,which leads to the widespread phenomenon of "empty sentence" of property penalty and seriously affects the judicial authority.In 2006,the superior courts of JiangSu province and Shanghai municipality formulated forward-looking normative documents to effectively solve the dilemma of property penalty execution in their jurisdiction.In 2014,the Supreme Court issued several provisions on the execution of criminal judgments involving property(hereinafter referred to as the provisions),which provided clear guidelines for the execution of property penalties.Some local courts,represented by Shanghai no.2 intermediate court,have also made useful explorations on how to effectively resolve the difficulty of property penalty execution.From fine to prepay before the decision to build commutation and parole and property penaltyexecution linkage mechanism,to "property punishment permitted",introduced theoretically,theory and practice of criminal property penalty execution system conducted a series of exploration and theoretical innovation,although to some extent,improve the enthusiasm of some types of cases the person subjected to execution to fulfil,active,but the move has not been truly effective promote the essence of property penalty execution dilemma is solved.In this article,through combing punishment theory in China in recent years research results about the troubled property punishment execution,in combination with judicial practice,our country's execution of property predicament,analyzing present situation and the reasons for the court's internal institutions accrual allocation and coordination between each other as a whole as the breakthrough point,punishment on property will be incorporated into the whole process of criminal procedure for longitudinal analysis.Mainly from the property penalty execution transfer,file review,property inspection and control and other key nodes summarized the property penalty execution dilemma.Sticking to the problem-oriented approach and adopting the positivist analysis method,this paper explores the causes of the dilemma in the execution of property penalty from the following aspects: the slow implementation of property penalty delivery,the poor operation of the trial mechanism,the rigid evaluation mechanism,the lack of professional execution,and the absence of supervision and supervision.Through the present situation and the reason for difficulties in execution of property comb to explore,punishment combined with today's development trend and the court time background of the constructionofthe informationization,intellectualized,from building a comprehensive system of property surveillance mechanism,optimization of supervision and regulation system,strengthening the property penalty execution system of professional construction,relying on large data promote the development of intelligent property punishment execution way such as exploring the essence of property penalty execution trouble solution,and to create professional,scientific,intelligent provide useful reference to modern property punishment execution system.