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涉汇案件往往违规金额大、罚没款数额高,容易导致当事人以各种方式逃避、拖延或者要求减免罚没款的缴纳,处罚决定难以顺利执行到位。在“9·16”地下钱庄系列案中,目前已向法院申请强制执行的就达18起。处罚执行环节往往是风险和矛盾的聚焦点,如果处理不当,既可能引发法律风险,导致处罚决定得不到执行,也容易激化矛盾,引发冲突。现阶段,由于处罚执行的法律法规不够完善,实践中如何兼顾法律公平和人文关怀,面临许多亟待解决的问题。
The number of cases involved in illegal activities is often large and the amount of fines confiscated can easily lead parties to evade, delay or require the payment of fines and penalties in various ways and the punishment decision can not be smoothly implemented. In the series of “9 · 16” underground banks, there are currently 18 cases that have been applied for enforcement by the courts. The implementation of the punishment is often the focus of risk and conflict. If handled improperly, it may not only lead to legal risks but also lead to the execution of the punishment decision being not implemented, and conflicts are easily intensified. At this stage, due to imperfect laws and regulations in the enforcement of punishments and how to take both fair and humane care into consideration in practice, many problems to be solved are faced with.