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刑事案件犯罪收益的处理是一个极其复杂而重要的论题,法律依据欠缺、研究不足以及司法实践的混乱要求我们给予这个问题更多的关注和重视。由于我国刑法中的刑事案件犯罪收益制度主要规定于《刑法》第六十四条以及新修改的《刑事诉讼法》相关法条,故本文相关研究主要围绕上述法律法规展开。同时,本文以镇海法院刑事案件犯罪收益处理实践为样本,穿插较多实践中的真实案例,并结合司法工作紧密联系司法实践中亟待解决的问题,借探讨刑事案件犯罪收益制度的机会,尝试对刑法与民法、实体法与程序法的联系进行论述,对刑事案件犯罪收益制度进行多角度的研究。笔者主张,为尽快解决我国刑事案件犯罪收益处理制度混乱的问题,我们应当对其中较为突出的问题,及早作出规定,予以规范,真正把刑事案件犯罪收益的处理纳入法制轨道中来。
The handling of criminal proceeds in criminal cases is an extremely complex and important issue. The lack of legal basis, inadequate research and the chaos in judicial practice require us to pay more attention and attention to this issue. As the system of criminal proceeds of criminal law in criminal law of our country is mainly stipulated in Article 64 of the Criminal Law and the relevant law of the newly revised Criminal Procedure Law, the relevant research in this paper mainly focuses on the above laws and regulations. At the same time, taking the practice of criminal proceeds processing in criminal cases of Zhenhai Court as a sample, interspersed with more real cases in practice and closely linked with the urgent problems to be solved in the judicial practice with judicatory work, by probing into the opportunity of the crime proceeds system in criminal cases, Criminal law and civil law, substantive law and procedural law to discuss the relationship between the crime of criminal cases proceeds from a multi-angle system. In my opinion, in order to solve the problem of confusion in the handling of criminal proceeds in criminal cases in our country as soon as possible, we should stipulate the more prominent issues and regulate them as soon as possible so as to put the handling of criminal proceeds in criminal cases into the track of legal system.