刑事涉案财物处置中案外人权利保障问题研究

Research on the Protection of the Rights of Third Parties in the Disposal of Property Involved in Criminal Cases

摘要: 刑事涉案财物处置作为刑事诉讼的关键环节，直接关涉公民财产权的保障。随着经济犯罪案件的激增，涉案财物范围不断扩大，因财物权属认定错误导致案外人合法财产被不当查控、没收的情形日益凸显。在司法实践中，案外人财产权在刑事涉案财物处置中屡遭侵害，反映出我国刑事诉讼长期存在“重人身、轻财产”的理念偏差。我国法律虽然针对案外人权利保护作出了相关规定，但其内容过于原则和模糊，操作性不强，并且较为分散。因此，为案外人提供贯穿刑事诉讼全流程的系统性保护方案，须立足于刑事诉讼全周期视角，剖析我国现行司法机制中案外人权益保障的薄弱环节，梳理司法实践中存在的问题及其成因，并借鉴国外相关制度的有益经验，最后从构建第三方司法审查机制、案外人参诉的庭审中心程序、三方结构的执行异议之诉等层面提出针对财产权保护问题的优化路径。通过推动财产权保障的诉讼化改革，以期为完善我国刑事涉案财物处置中案外人权益保护机制提供有益参考。

Abstract: The disposal of criminal case assets, as a key link in criminal proceedings, is directly related to the protection of citizens’ property rights. With the sharp increase in economic crime cases and the continuous expansion of the scope of involved assets, the situation where the legitimate property of third parties is improperly seized and confiscated due to incorrect determination of property rights has become increasingly prominent. In judicial practice, the property rights of third parties have been repeatedly infringed upon in the disposal of criminal case assets, reflecting the long-standing conceptual deviation of “valuing personal safety over property” in China’s criminal proceedings. Although Chinese laws have made relevant provisions for the protection of the rights of third parties, their content is overly general and vague, lacking strong operability and being rather scattered. Therefore, to provide a systematic protection plan for third parties throughout the entire criminal litigation process, it is necessary to base on the perspective of the entire criminal litigation cycle, analyze the weak links in the protection of the rights and interests of third parties in the current judicial mechanism of China, sort out the problems existing in judicial practice and their causes, and draw on the beneficial experiences of relevant foreign systems. Finally, optimization paths for the protection of property rights are proposed from the aspects of establishing a third-party judicial review mechanism, a trial center procedure with non-parties participating in the lawsuit, and a tripartite structure for execution objection lawsuits. By promoting the litigation-based transformation of property rights protection, it is expected to provide a useful reference for improving the protection mechanism of the rights and interests of third parties in the disposal of criminal case assets in China.