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随着我国反腐进程的不断深化,加大对财产刑的处罚力度、关注对违法所得的追缴、没收已成为新时期打击贪污贿赂犯罪的重点,由此也带来了对贪污贿赂犯罪侦查阶段涉案财物处置问题的关注。为落实中央规范涉案财物处置工作的要求,中办、国办联发文件对涉案财物处置工作做出了进一步指示。在此基础上,最高人民检察院在原有司法解释上对检察院涉案财物处置工作进行了完善。但以上文件均没有对贪污贿赂案件给予特别的关注,对贪污贿赂犯罪的追诉改革收效不明显。为此,本文认为有必要在大力惩治腐败犯罪的今天对贪污贿赂犯罪侦查程序中涉案财物处置问题进行进一步探讨。
With the continuous deepening of anti-corruption process in our country, we have increased penalties for property crimes and paid close attention to the recovery of illegal gains. Confiscation has become the focus of the crackdown on corruption and bribery in the new era. This has also brought about the criminal investigation of corruption and bribery Concern about the disposal of property. In order to implement the requirements of the central government regulating the disposal of property involved in the case, the Office of the People’s Republic of China and the CSRC issued further instructions on the disposal of the property involved. On this basis, the Supreme People’s Procuratorate perfected the handling of property involved in the Procuratorate in the original judicial interpretation. However, none of the above documents gives any special attention to cases of corruption and bribery, and the prosecution reform on crimes of corruption and bribery has not been effective. For this reason, this article considers it necessary to further investigate the disposal of property involved in the investigation of corruption and bribery today while vigorously punishing corruption crimes.