刑事涉案财物审理程序中案外人权利保障 问题研究

초록

With economic and social development, the importance of procedures for the disposition of property involved in criminal cases has become increasingly evident. The fair handling of such property not only concerns the determination of facts but also directly affects the legitimate property rights of third parties. However, for a long time, China’s procedures for adjudicating criminal property have been subordinate to conviction and sentencing, resulting in an ambiguous legal status for third parties, a lack of procedural participation, and a predicament where the protection of their rights has become “hollowed out.”Through an analysis of typical cases, this study identifies the root cause of inadequate protection for third parties as a structural deficiency in procedural design. Accordingly, this paper proposes drawing on the “third-party system” in civil litigation to grant third parties independent litigation status and rights, thereby resolving the practical paradox of “having rights but no procedures.” At the institutional level, legislation should be enacted—centered on relevant provisions of the Interpretation of the Criminal Procedure Law—to clarify the participation procedures, notification obligations, and avenues for redress for third parties. At the same time, given the complex legal relationships surrounding property involved in criminal cases, this paper recommends establishing specialized rules of evidence to reasonably allocate the burden of proof and standards of proof. Through procedural optimization and conceptual reform, the shortcomings in the participation procedures for third parties can be addressed, thereby achieving a balance between punishing crime and safeguarding human rights within the criminal justice system.

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