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The so-called property involved in the case refers to the property related to the case, such as seizure, transfer, sampling and evidence collection, recovery and collection, which is extracted by the public security organs in the process of handling administrative and criminal cases and performing administrative functions according to law. It mainly includes: bail, cash and other seized or detained property, tools or contraband for extraction or seizure, advance payment for administrative cases, deposit for administrative reconsideration, property obtained by sampling and other property related to the case preserved according to law in law enforcement practice. Non-involved property, also known as custody property, refers to property that has nothing to do with the facts of the case, except the property involved in the daily work of the public security organ, which is kept by the public security organ for safeguarding the legitimate rights and interests of the parties, safety and other factors. Including the property abandoned at the scene in the process of receiving the police and investigating the case, the property picked up by the masses, the ownerless property and the legal property carried by the criminal suspect.

Whether the law enforcement behavior of public security organs is standardized or not is directly related to the legitimate rights and interests of citizens and the image of public security organs. Strengthening property management in law enforcement is the need to ensure the smooth progress of criminal and administrative law enforcement activities and promote the construction of public security team. Therefore, the audit department of public security organs should strengthen the special inspection and supervision of property in law enforcement. Judging from the audit investigation over the years, most front-line law enforcement units can abide by the national financial regulations and the property management regulations of the provincial offices involved, and strictly implement the "two lines of revenue and expenditure" regulations, but there are also some loopholes and weak links. This paper discusses the problems, causes and countermeasures of property management in law enforcement of public security organs in order to find a solution.

I. Existing problems

1. The procedures for collecting the property involved are not standardized. Most of them occur in public security administrative cases. In the case that the withholding target is large and the perpetrator is a foreigner, in order to ensure the smooth implementation of the subsequent administrative punishment, the means of collecting first and cutting later are often adopted; Some of them are beyond the scope of collecting advance payment (withholding). According to the relevant regulations, the scope of use of Zhejiang Administrative Law Enforcement Advance Receipt (Withholding) Bill is as follows: 1. Public security mediation requires the infringer to pay part of the money in advance to solve medical expenses and damages; Second, the perpetrator who violates public security management needs to leave the crime scene during the handling of the case for objective reasons, and is willing to pay part of the money in advance for the public security organs to handle; The third is to handle all kinds of deposits in criminal and administrative cases. However, in the actual law enforcement work, for gambling, prostitution and other cases, the suspect is generally required to pay in advance; Some withheld funds know that the evidence is single and cannot be handled according to legal procedures, but they order the parties to pay the advance payment in advance for various reasons; Some of the seized funds have only one record, but there is no complete case file, and some units even have no records, which lacks the legitimacy of seizure and belongs to illegal seizure.

2. The money involved was not handled in time, resulting in long-term losses. Mainly: 1), the advance payment and project deduction were not handled in time. For example, it is common that some case-handling units do not deal with the money seized more than ten years ago, and they do not deal with it in time for two to three years. If the returned money is not returned to the parties in time, it shall be handled within one month from the date of receipt of the money according to the procedural provisions of evidence registration and preservation and administrative confiscation. If no decision is made, the public security organ shall return the seized property to the party concerned, otherwise it shall be punished as illegal detention. Due to various reasons, some units failed to deal with the seized money in time, which makes it impossible to deal with it now. 2) The deposit for obtaining a guarantor pending trial in criminal cases is not handled in time. According to the procedure of handling criminal cases by public security organs, the time limit for obtaining bail pending trial shall not exceed 12 months. Some suspects have lifted compulsory measures after the expiration of bail pending trial, but the bail for bail pending trial has not been returned in time. 3) Failing to handle administrative detention in time to suspend the execution of the deposit. Judging from the review, there are many cases of administrative detention exceeding two months of reconsideration or three months of administrative litigation, and the amount is large. Some suspects think that as long as they pay the deposit, everything will be fine and they will evade administrative detention. According to relevant regulations, if a person who has been sentenced to administrative detention evades the punishment of administrative detention, the security deposit shall be confiscated or partially confiscated by the public security organ, and administrative detention shall continue.

3. There are loopholes in the transfer link. When transferring to the police, the handover system was not strictly implemented, the handover procedures were not standardized, the items were incomplete, and the files related to the property involved were not sorted and handed over in time, resulting in some files being unable to find. During the inspection, the original agent and the current agent passed the buck and refused to recognize each other, making it impossible to verify the legality of the seized property. In the process of transferring back-office staff in grass-roots units, some back-office staff did not check and balance their assets and financial accounts with the logistics and finance department of the county bureau, and then hastily handed them over to their successors, who did not check and verify them item by item seriously, resulting in unclear accounts and unclear responsibilities.

4, law enforcement property is not in accordance with the provisions of the timely transfer and disposal. There are two main problems: first, the case-handling unit failed to hand over the seized property to the logistics department of the public security organ for centralized custody in time. After the property involved is extracted, it shall be kept by the grassroots unit. Some units have a large number of motor vehicles and electric bicycles, because there is no special place to store them in the open air, and they suffer losses due to the weather. Some valuables, such as gold and silver jewelry, notebook computers, calligraphy and painting, mobile phones, etc. , stored in the office at will, because of its small size, kept by the police themselves. In particular, the prepaid money collected in the process of mediating various civil disputes, because it is to be distributed to the victims or returned to the parties at any time, rather than being handed over to the office for centralized custody, is left on the police. These phenomena are prone to problems such as paying in advance and clearing. According to the relevant regulations on the management of property involved, the property involved, the money involved, the changed price and the articles involved that should be kept by the logistics department of the public security organ should be filled in with the property transfer registration credentials based on relevant legal documents and decisions, and deposited in the designated bank account and the logistics department of the competent public security organ for safekeeping within 24 hours. Due to objective reasons such as long distance and inconvenient transportation, grass-roots units may appropriately extend the handover time, but it shall not exceed three working days. Second, the competent authorities failed to dispose of the transferred property in time. The centralized storage places set up or designated by the competent departments of public security organs often have limited space. If the property handed over by each unit is not turned over to the finance in time, a large number of items to be processed will be formed over time, which can only be piled outside the shack, resulting in corrosion and rust of the property and losses. According to the procedures of the public security organs for handling administrative cases, unclaimed property shall be treated as ownerless property within six months after the original owner is notified or announced, and the proceeds shall be turned over to the state treasury after registration or legal sale and auction.

5. The management system of special person in charge, statistics and storage has not been implemented. Some case-handling units did not determine the special person to keep the property, but implemented the practice of who handled the case and who was responsible. The police handling the case privately kept the property involved and the property not involved. After taking some compulsory measures against suspects, some personal belongings unrelated to the case, such as cars, motorcycles, laptops, mobile phones, cash and other property, are often stranded in the case-handling unit or the police. Because the escrow property is not handed over with the case and the person, it is easy to be misappropriated and lost after a long time. Some units did not establish a detailed registration ledger for the property involved and the property not involved, and some of the property involved was not entered into the property management information system of the public security organ in time, so the property handed over by the police handling the case was conveniently placed in the back office, resulting in a long time, even the source, quantity, parties and reasons for seizure were unknown. Part of the property cannot be ascertained, and there is no property storage room and storage counter for classified storage, which is easy to breed violations of law and discipline.

6. There are defects in the receipt, storage and disposal of the property. Grass-roots units should use photos or videos to fix the property when handing it over to the logistics department for centralized custody, seal small and precious items in a self-sealing form, and indicate the details of the sealed property such as name, quantity, cause of action, time and quantity on the self-sealing package. At the time of handover, the logistics keeper and the handover person shall make a face-to-face inventory and sign and seal it. However, during the review, it was found that the valuables stored in the warehouse were not sealed according to the regulations and signed by the supervisor, which left a security risk for property management; In terms of storage, gold, silver and its products, jewelry, precious cultural relics and other items are not numbered one by one, and counters are set up for classified storage, and the property in the warehouse is checked irregularly. Over time, the number of items is unclear; Some items have been handed over to the financial department, but they have not been written off in the custody registration account in time, resulting in inconsistent accounts. During the disposal process, some grass-roots units failed to connect with the property authorities in time, and properly sold and auctioned the seized seasonal, fresh and perishable items, resulting in property losses; Part of the property was sealed up and handed over to the logistics department for safekeeping, but in the end the case was not established. There is insufficient basis for dealing with the parties within the legal time and it is not appropriate to return them. So he stayed in the public security organs, and the logistics department failed to hand it over to the finance department after a certain period of time, resulting in more and more items being kept, which brought difficulties to the public security organs in handling property.

7, administrative fees and fines income is not timely turned over to the bank financial accounts. Some grass-roots units are located in remote areas, and there are no specialized bank account institutions in their jurisdictions. It is inconvenient to pay fees at ordinary times, and there are not many administrative fees and fines. They will put the administrative fees and fines they usually collect in their own safes or open certificates of deposit in their own names, and then turn them over to the bank accounts in the urban areas after reaching a certain amount. This is suspected of intercepting, misappropriating and taking confiscated income, which is contrary to the spirit of separating revenue from expenditure and the Regulations on the Management of Property Involved in Zhejiang Province.

Second, the reason analysis

There are many reasons for these problems, both subjective and objective, which can be summarized as follows.

1, leaders don't pay enough attention to it, and there is an idea of emphasizing business over property management. Due to the heavy public security business and insufficient personnel, they are tired of dealing with various business assessments and inspections. They pay close attention to the quality of law enforcement and relax the management of property in law enforcement; Some grass-roots units suffer from the implementation of funds, and some people involved in gambling and prostitution cases can seal up first, ignoring the legality and compliance of the seized funds, resulting in the temporary inability to deal with the seized property in time and causing long-term losses.

2. Leaders have the idea that "new officials ignore old accounts". Pay more attention to the property during his term of office so as to clean it up in time, but not enough attention to the property left by the former leader, just like a "family heirloom". Public security organs at all levels pay more attention to law enforcement inspection and supervision of grass-roots units in law enforcement, but not enough attention to property management, which makes grass-roots leaders deviate from property management ideologically, leading to untimely and incomplete property handling, leaving a dead end.

3. The case handlers have a weak sense of law enforcement and a weak sense of responsibility. The first-line law enforcement police are not very clear about the management regulations of the property involved. In the daily handling of cases, the phenomenon of random seizure is not uncommon. From the point of view of handling cases conveniently, the corresponding procedural provisions and requirements are ignored, which leads to some cases not being handled in time or even not at all. As soon as people are transferred, the mess is thrown to the original unit, and the successor "has nothing to do with himself and hangs high." After a long time, even the case files and some seized items can't be found, which brings trouble to the disposal of property.

4. Relevant laws and regulations are not sound enough. The existing laws, regulations and other provisions on property management in law enforcement are relatively rough, and the operability is not strong, and there are no specific detailed management methods and operational guidelines, which brings inconvenience to property management law enforcement. In particular, there are no specific rules and regulations for reference on how to manage a large number of non-involved property generated in law enforcement cases.

Third, management suggestions and countermeasures

1, strengthen study and improve quality. Leaders of public security organs at all levels and all police officers should take the opportunity of the "Three Examinations" of the Ministry of Public Security in 2007 to set off a climax of learning law, and seriously study the knowledge of laws and regulations such as "Procedures for Public Security Organs to Handle Administrative Cases" and "Procedures for Public Security Organs to Handle Criminal Cases". As well as the "Regulations on the Management of Property Involved by Public Security Organs in Zhejiang Province", further establish the concept of performing duties according to law and enforcing the law fairly and justly, strengthen the awareness of evidence, procedure and human rights in handling cases, and seize and dispose of the property involved according to law. At present, although the grass-roots public security organs are short of funds and have limited financial security, they cannot tamper with the seizure and control of property. They should abandon the concept of "only taking money when handling cases" and consciously strengthen property management in law enforcement. In order to comprehensively improve the property management level of leaders of grass-roots law enforcement units and police, relevant departments of public security organs regularly provide professional training and guidance on property management knowledge, focusing on solving specific problems such as chaotic property management, unclear management responsibilities and how to keep and hand over property in grass-roots case-handling units.

2. Establish rules and regulations and standardize management. In accordance with the relevant provisions of the public security organs at higher levels on property management in law enforcement, through investigation and reconstruction, combined with their own reality, we should formulate rules and regulations such as the Provisions on the Management of Property Involved and Property Not Involved, and the Provisions on the Storage of Law Enforcement Property Warehouse. In law enforcement, the seized property involved should be handled in strict accordance with the relevant examination and approval procedures, and detailed project registration should be implemented. In addition, the witnesses present and the holders of the seized property should be counted face to face, and the situation should be recorded and a list made. It is necessary to set up accounts according to the property involved and the property not involved, and register and manage them by special personnel. The transferred property should be handed over in time, the transferred property should be handed over in time, and the property disposal should be legal and standardized. The implementation of the "Public Security Police Handover Work System" formulated by the County Bureau requires middle-level leading cadres to leave their posts and be transferred, and the Political Department entrusts the audit department to conduct outgoing audit investigation; When the internal personnel of the unit are transferred, the logistics financial personnel of the public security organ shall be present to supervise the handover; In addition to the transfer of assets and finance, the property files involved should be sorted out and handed over to the original unit, and the transfer procedures should be strictly fulfilled.

3, perform their duties, play a role. Property management in law enforcement is a work with strong policy, wide coverage and complicated situation. In order to make the management work on the standardized track, all functional departments of public security organs should integrate resources, form a joint force, and make concerted efforts. The logistics department of the public security organ, as the competent department of property involved and property not involved, should strengthen the supervision and guidance on the collection, use and cancellation of bills, fee income and confiscation income of law enforcement units, as well as the registration, transfer and custody of property involved and property not involved; The financial department should regularly check the general ledger of withheld funds with the subsidiary ledger of withheld funds of all law enforcement units to ensure that the accounts are consistent with the facts. If any account is found missing or unadjusted, the balance should be adjusted in time. The legal department should strictly enforce the law, especially carry out regular and irregular inspections on the legality, compliance and timeliness of the handling of the property involved, so as to prevent the occurrence of situations such as collecting before cutting, collecting advance payment beyond the scope, and arbitrarily detaining property. For more than one year's bail pending trial and more than two months' reconsideration or three months' administrative detention suspension deposit, it is necessary to timely urge and remind through relevant channels to ensure that the "two deposits" can be repaid in time.

4, strengthen supervision, nip in the bud. It is necessary to establish the audit concept of "overall supervision, leaving no dead ends", further expand the audit ideas and extend the audit tentacles, effectively integrate the resources of discipline inspection, supervision, legal system, auditing, logistics and other departments, strengthen supervision, regularly supervise and inspect the property management involved in law enforcement in grass-roots units, and monitor the online property management system in real time. According to the amount of property recorded in the property registration ledger and archives of grass-roots units, conduct on-the-spot inventory, and investigate the defects and faults in law enforcement through account check, case check and person check. Specifically, we can compare the data of the property ledger of the logistics warehouse with the handover list submitted by each unit and the bills that have been submitted for financial treatment. Combined with the actual inventory, see if there are problems such as inconsistent accounts and unclear base, and correct the problems found in time. If the problem is serious, the relevant personnel will be held accountable.