The Dilemma and Solutions of the Execution of the Confiscation of Property Penalty:Taking the Execution of the Property Penalty Cases in N City in the Past Three Years as an Analysis Sample
The Dilemma and Solutions of the Execution of the Confiscation of Property Penalty:Taking the Execution of the Property Penalty Cases in N City in the Past Three Years as an Analysis Sample
As the property-related disposition for"the confiscation of all personal property"lacks a specific and clear amount,some courts often file enforcement cases at the amount of RMB 1 yuan in practice,causing the phenomenon of"false satisfaction of execution"in the confiscation of property penalty.The lack of unified standards for the execution closing methods has led to a dilemma of weighing the strictness of the execution of fines against that of the confiscation of property,and it also has an impact on the"principle of loss of power"in the execution of property penalty.When there is chaos from filing to closing of the confiscation of property penalty,it is time to consider the nature of the confiscation of property penalty and its procedural suitability.The confiscation of property penalty has its own logic,and applying it as an additional penalty mechanism will impact its attribute of being the"strictest property penalty".However,the penalty cannot be abandoned just because that the execution effect is not good or that it could be partially substituted.The execution value of the confiscation of property penalty requires a comprehensive trial and execution mode to protect it.Starting from the source of the trial,it is necessary to unify the legal application,complete the execution initiation procedure,and unify the execution closing method.The future of proper application of this penalty is still worth looking forward to.
关键词
没收财产刑/执行困境/执行启动程序/执行结案方式
Key words
the confiscation of property penalty/execution dilemma/execution initiation procedure/execution closing method
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