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涉案财产包括作为犯罪之物和可为财产保全之物,实物财产强制措施,包括扣押和查封,立法应当规定扣押的禁区。金融财产强制措施主要是冻结,应当完善冻结的客体,建立轮候冻结制度和临时冻结机制。针对新型财产,应当设立限制执业资格措施。涉案财产强制措施作为一种临时性、紧急性措施,不应经过司法审查,但要赋予当事人提出异议和申请财产担保的权利,还要建立非法证据排除规则。
The property involved includes as a crime and property can be preserved, the coercive measures of physical property, including seizure and seizure, the legislation should provide for the seizure of the restricted area. Coercive measures of financial assets are mainly frozen, should be refined to improve the object of freezing, the establishment of a freeze-waiting system and a temporary freeze mechanism. For new types of property, measures should be established to restrict the practice qualification. Coercive measures involving property as a temporary, urgent measures should not be subject to judicial review, but to give the parties objections and apply for property security rights, but also to establish rules of exclusion of illegal evidence.