非法处置查封、扣押、冻结的财产罪司法适用研究

非法处置查封、扣押、冻结的财产不仅侵犯了司法机关的权威和尊严,而且损害了法律的严肃性,社会影响甚烈,危害甚大。司法实践中有必要准确解读刑法的有关规定,划清其罪与非罪、此罪与彼罪的界限,以保证非法处置查封、扣押、冻结的财产案件的正确定性处理。而判断非法处置查封、扣押、冻结的财产罪是否有犯罪的未遂形态,就必须明确该罪是否属于结果犯、行为犯或者危险犯。如果该罪属于上述三种形态之一,则其当然存在犯罪的未遂形态;反之,如果该罪不属于上述三种犯罪形态,则其犯罪未遂形态也就不可能存在。

On the justice application about the crime that handle the sealing up, withholding and frozen property illegally

The crime that handle the sealing up, withholding and frozen property illegally not merely infringed the authority and dignityof the judicial organ, and has damaged the law seriously,the social influence is very strong.It is necessary to understand the relevantregulations of criminal law in judicial practices,draw a clear line between this crime and other guilty,in order to guarantee the case thathandle the sealing up,withholding and frozen property illegally was dealt with correctly.We should know whether the crime that handlethe sealing up,withholding and frozen property illegally belongs to the crime of producing the consequence,the crime that has put intopractice,dangerous crime before judging it has abortive form of the crime or not,If this crime belongs to one of the above-mentionedthree kinds of forms,the abortive form of the crime existed certainly;On the contrary,if this crime does not belong to above-mentionedthree kinds of crime forms,its attempted crime form was not existed.