摘要
不让犯罪分子从犯罪行为中得到利益是刑事追缴的主要目的。目前,司法实践中违法所得尤其是未控财产违法所得的追缴"空判"问题突出,严重损害了司法的威信,致使预防犯罪的效果不容乐观。其原因主要为立法层面的缺失和实践操作层面障碍。为了合法有效地实现对违法所得的判决追缴,基本思路是:坚持程序化原则、公开化原则、利益兼顾原则;规范违法所得认定;追缴工作考核科学合理化;强化以法院追缴违法所得判决顺利实现为中心的司法机关的纵向联动机制;建立以法院追缴违法所得判决顺利实现为中心的社会机构横向联动机制;完善对违法所得管理的规范化建设。
The main purpose of the recovery to criminal being benefited from their criminal conduct recovery of illegal gains, in particular, illegal accused in judicial practice is very phenomenon of ＂ineffective judgment＂ gains is to prevent the criminals from s. Currently, the problem with the gains obtained by a serve, which causes the person who is not generation of the frustrates the public confidence to the justiceseriously, and finally causes the effect of main reasons for this are because of the la pre ck venting crime is not optimistic. The of legislature and the obstacles to its execution. The suggestions for legally and effectively achieving the recovery of the judged illegal gains are as follows： Following the principle of procedure, the principle of openness, and the principle of balancing interests; Regulating the identification of illegal gains; Rationalizing the work assessment in the recovery of illegal gains; Strengthening the longitudinal linkage mechanism of the judiciary that regards the smooth realization of the recovery to the judged illegal gains as center; establishing a transverse linkage mechanism of social institutions that regards the smooth realization of the recovery to the judged illegal gains as center; improving the standardized construction to the management of illegal gains.
出处
《河北法学》
CSSCI
北大核心
2017年第1期164-172,共9页
Hebei Law Science
关键词
违法所得
追缴
预防犯罪
制度构建
illegal gains
recovery
prevention of crime
construction of the system
