刑事涉案财物处理的立法缺陷主要表现为，法律渊源庞杂、分散，效力层次低；概念界定模糊不清，术语混淆使用，造成逻辑混乱；立法内容的粗放、缺漏、矛盾问题严重；以打击犯罪作为立法价值理念，忽视了对财产权的保护，以部门利益为导向，部门色彩浓厚。立法的缺失，导致了司法实践的混乱，不利于对被追诉人、被害人和案外人合法财产的保护。因此，要确立起打击犯罪和保护财产权并重的立法价值理念，调整立法模式，提升立法层次，并修改、补充立法内容，以增强法律法规的完备性、协调性和可操作性。%The legislation associated with how to deal with property involved in criminal cases has a variety of defects-the legal sources are numerous , dispersed and with low authority; definitions of some concepts are both vague and confusing , and the logical confusion can ’ t be avoided due to the incorrect usage of the terminology;with many omissions, the contents of the relevant legislation are extensive and contradictory as well; taking crime -fighting as legislative values , legislation overlooks the protection of property rights but gives too much emphases to departmental administration as a result of being oriented by departmental benefits .The lack of legislation has caused the judicial confusion in practice , which has a negative effect on the protection of legitimate property rights of the accused , the injured party and other individuals involved .Therefore, the legislative values should take both crime-fighting and rights-protecting into account , and in order to enhance the integrity , coordination and feasi-bility of relevant legislation , our attention should also be drawn to the adjustment of legislative modes , the improve-ment of legislative level , and the amendment and supplement of the contents .
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