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与《刑法修正案(九)》配套的贪贿类犯罪司法解释第十八条体现了追缴赃物“继续性”的本质特征。针对当前追缴赃物“继续性”司法现状和现实困境,可通过明晰追缴赃物“继续性”立法适用与定罪量刑关系;尽快出台与刑法配套的追缴赃物工作细则;建立巨额资金流转实时化、国际刑法管控及其预警防御机制;建立财产申报机制及审核监管机关等举措,真正实现立法公正实质观下刑罚的威慑作用和司法效率观下打击和遏制贪污贿赂类犯罪之目的。
Article 18 of the Judicial Interpretations on Corruption and Bribery Collated with the Amendment to the Criminal Law (IX) embodies the essential features of recovering stolen goods “continuously”. For the current recovery of stolen goods “continuity ” judicial status quo and the real predicament, through the clear recovery of the stolen goods “continuing ” legislative application and conviction sentencing relations; as soon as possible with the Criminal Law supporting the recovery of stolen goods work rules; the establishment of a huge flow of funds in real time The control of international criminal law and its early warning and defensive mechanism; the establishment of the property declaration mechanism and the review of the regulatory authorities and other measures to truly realize the deterrent role of the penalty under the just nature of legislation; and the purpose of cracking down and curbing the crimes of corruption and bribery under the view of judicial efficiency.