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财产刑作为刑罚手段之一,是我国刑罚体系的重要内容之一,其能否得到有效执行是国家实现刑罚权的重要体现。而司法实践中,财产刑执行现状不容乐观,大量财产刑得不到有效执行。这种现象严重影响到法院生效裁判的严肃性和权威性,不可避免地使财产刑的判决流于形式,有违财产刑的立法初衷。本文从财产刑适用空间、裁判依据、执行程序等方面分析财产刑的执行现状以,从立法、司法、社会等分析原因,并提出解决对策。
As one of the means of punishment, property punishment is one of the important contents of the penalty system in our country. Whether it can be effectively implemented is an important manifestation of the realization of the right of punishment in our country. In judicial practice, the status quo of property punishment is not optimistic, and a large number of property crimes can not be effectively implemented. This kind of phenomenon has seriously affected the seriousness and authority of the court’s effective adjudication. It inevitably makes the judgment of property punishments in form, which is against the legislative intention of property punishments. This article analyzes the implementation status of property punishment from the aspects of the applicable space of property punishment, the basis of referee and the enforcement procedure, analyzes the reasons from the aspects of legislation, judicature and society, and puts forward some countermeasures.