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我国侦查阶段的财产保全制度处于缺失状态,由此产生了许多问题,不利于受害人的权利保护,不利于法治的完善。制度缺失的原因现已不是制度引入的障碍。国际上,有刑事附带民事制度的国家,在侦查阶段均有财产保全制度,没有附带民事诉讼的国家,在侦查阶段也有关于财产刑的保全措施,因此,有必要引进侦查阶段财产保全制度。建构侦查阶段财产保全制度,除了尊重民事诉讼法的原貌外,还应顾及刑事侦查的特点。
The system of property preservation in the investigation stage of our country is in a deficient state, which has resulted in many problems, which are not conducive to the protection of the victim’s rights and not conducive to the improvement of the rule of law. The reason why the system is missing is no longer an obstacle introduced by the system. Internationally, countries that have civil penalties attached to their criminal system have property preservation systems during the investigation stage. In countries that do not have civil litigation, there are also measures for safeguarding property crimes during the investigation stage. Therefore, it is necessary to introduce a property preservation system during the investigation phase. In order to construct the property preservation system during the investigation stage, in addition to respecting the original appearance of the Civil Procedure Law, the characteristics of criminal investigation should also be taken into account.