１９７９年刑诉法对于检察机关提起公诉案件的赃款是否向法院移交未做出明确规定，各地检察机关的做法也不一致，大部分检察机关将赃款向法院移交。新刑诉法实施后，一些法院仍然要求检察机关将公诉案件的赃款移交法院，否则即不受理案件。笔者认为，法院以检察院未移交赃款为? In 1979, the Criminal Procedure Law did not make any explicit stipulations on whether the illicit money of public prosecutions prosecuted by the procuratorial organs was transferred to the court or not. The procuratorates in different places also adopted different approaches. Most of the procuratorates handed over the illicit money to the court. After the implementation of the new Criminal Procedure Law, some courts still require the procuratorial organs to transfer the ill-gotten money from public prosecution cases to the court or they will not accept the case. The author believes that the court did not hand over the money to the procuratorate?