刑事涉案财物案外人救济程序研究

• 영문명: Research on Relief Procedure for Outsiders in Criminal Property Cases
• 발행기관: YIXIN 출판사
• 저자명: 祁剑芳(Jianfang Qi)
• 간행물 정보: 『Journal of east Asian law studies』제1권 제1호, 141~149쪽, 전체 9쪽
• 주제분류: 사회과학 > 교육학
• 파일형태: PDF
• 발행일자: 2024.06.30

국문 초록

Criminal property disposal is not only related to the rights and interests of defendants and victims, but also related to the case outsider rights are closely related. But outsiders do not have the status of criminal litigants, once the conflict of interest occurs, the protection of property rights and interests of outsiders is most easily ignored, and their rights are vulnerable to infringement. However, there is a lack of effective relief procedures to safeguard the rights and interests of outsiders after their rights are violated. Although the existing law provides for the right relief of outsiders in the pre-trial stage, the trial stage and the property execution stage after the criminal judgment takes effect, it is difficult for the right relief of outsiders to play an effective role in practice. For example, before the trial, it is impossible to know that the rights have been infringed, it is difficult to play the actual effect of complaints and charges, it is difficult to participate in the procedure during the trial stage, and it is difficult to implement objections during the execution stage. Therefore, this paper will analyze the problems and reasons of the relief procedure in the three stages of pre-trial, trial and execution, so as to put forward more perfect suggestions for the relief procedure. Specifically, it includes: clarifying the litigation status of outsiders in the legislation, establishing hearing and announcement procedures in the pre-trial stage, and ensuring the effective exercise of rights by outsiders in the case. At the trial stage, legal status is granted to outsiders, allowing them to participate in the proceedings. In the execution stage, outsiders are allowed to file a lawsuit against execution, and a tripartite execution procedure involving the procuratorate is constructed. Establish the relief procedure of the three stages of pre-trial, trial and execution, and effectively protect the rights and interests of the outsiders.

영문 초록

刑事涉案财物处置不仅与被告人、被害人权益有关，还与案外人权益密切相关，但案外人却没有刑事诉讼当事人地位，一旦案外人权益受损，缺乏比较有效的救济程序来维护其自身权益。尽管现行立法和司法解释规定了案外人权利救济方式，但实践中这些方式都难以发挥有效作用，例如审前无法得知权利受到侵害、申诉控告难以发挥实效、审判阶段无法参与程序、执行阶段执行异议难等问题。因此，本文从审前、审判、执行三阶段案外人救济程序存在的问题和原因进行分析，从而提出了案外人救济程序的完善建议：立法上明确案外人准当事人的诉讼地位；审前阶段通过建立听证和公告程序保障案外人有效行使权利，审判阶段赋予案外人参与诉讼的合法地位，执行阶段允许案外人提起执行异议之诉，构建检察院参与的三方构造执行程序；构建审前、审判、执行三阶段有效衔接的案外人救济程序，有效保障案外人权益。

목차

Ⅰ.问题的提出

Ⅱ.涉案财物处置案外人救济之难

Ⅲ.案外人救济难的原因分析

Ⅳ.案外人救济程序完善的建议

Ⅴ.结论

키워드

Property involved in criminal case Outsiders Relief procedure Pre-trial procedure Trial procedure Executive program 刑事涉案财物 案外人 救济程序 审前程序 审判程序 执行程序