作者： 袁相亭
作者介绍： 西南政法大学法学院讲师，法学博士
出版日期：2026年6月9日
内容提要 财产辩护旨在保障被追诉人财产权免受不当的限制或剥夺。其以刑事诉讼中的财物为辩护对象，以涉案财物处置程序和量刑程序为辩护空间，是一种独立的辩护形态。以辩护的具体问题指向为基准，可构建由涉案财物辩护和财产刑辩护组成的二元财产辩护论。前者指向涉案财物处置的程序合法性和范围适当性问题，以涉案财物为辩护对象，旨在保障被追诉人在涉案财物处置程序中的财产权益。后者指向财产刑量刑的恰当性问题，以合法财产为辩护对象，旨在说服法院作出从轻、减轻或者免予财产刑的裁判。《刑事诉讼法》再修改应将有效的财产辩护理念贯穿于涉案财物处置及量刑全流程，全面优化财产调查制度、涉案财物强制措施体系以及围绕涉案财物处置和财产刑量刑的指控及审判程序，为财产辩护搭建良好的运行环境。
关键词 财产辩护 涉案财物辩护 财产刑辩护 刑事涉案财物处置 财产权保障
Abstract: Property defense aims to safeguard the accused’s property rights from undue restriction or deprivation. It takes property involved in criminal cases as its object and operates within the procedural space of the disposition of such property and sentencing, constituting an independent form of defense. Using the specific issues addressed by the defense as the criterion, a dual structure of property defense can be constructed, consisting of the defense over property involved in criminal cases and the defense concerning property penalties. The former focuses on the procedural legality and the appropriateness of the scope in the disposal of property involved in criminal cases, taking such property as its object, and aims at safeguarding the accused’s property rights in the process of disposition. The latter focuses on the appropriateness of sentencing with respect to property penalties, taking lawful property as its object, and aims at persuading the court to render a decision for mitigation, reduction, or exemption from property penalties. In the context of the forthcoming revision of the Criminal Procedure Law, the concept of effective property defense should be integrated throughout the entire process of the disposal of property involved in criminal cases and sentencing. This requires comprehensive optimization of the property investigation system, the system of compulsory measures relating to property involved in criminal cases, as well as the procedures of accusation and adjudication surrounding both the disposal of property involved in criminal cases and the sentencing of property penalties, thereby establishing a sound operational framework for property defense.