What are the conditions for offering a reward? How to determine the reward amount? Who will pay the bonus? Recently, the reporter of Legal News interviewed experts in politics, law, customs and related fields in Beijing, Guangdong, Jiangsu, Hebei and other places, and unveiled the mystery of the reward notice.
Mobilize the masses to set a tight encirclement.
At the end of 2065438+2007, Zhaoqing City, Guangdong Province, launched the mass pursuit by means of "network communication+reward notice", which made the pursuit from "expert" to "everyone", formed a strong pursuit momentum and laid the foundation for highlighting the encirclement. Less than 24 hours after the reward notice was issued, Li, the suspect who absconded 12, was arrested.
"The people are very enthusiastic about reporting, and they can receive more than 10 reports in one morning." Chen Han, deputy inspector of Duanzhou District People's Procuratorate and Tea Garden in Zhaoqing City, said that the next morning after the announcement, Duanzhou District Procuratorate and Tea Garden received reports, texts and information from Beijing, Shenzhen, Guangdong and Huizhou, which provided the prosecution with relevant clues about the suspect Li.
In fact, the application of the notice of reward can be traced back to1pet-name ruby case, which sensationalized the whole country in 1983. When two suspects were wanted in Heping Square, Liaoning Province, Gong Anji issued the first reward notice since the founding of New China.
1 9 ⑨ In August, the Ministry of Public Security promulgated and implemented the Provisions on Procedures for Closing Criminal Cases and Handling Criminal Cases in Public Security Administration, in which Article 2571stipulates that "in order to discover major criminal clues, recover the property and evidence involved, and arrest criminal suspects, if necessary, public security at or above the county level."
Different from public security, customs clearance inspection and customs clearance inspection, the reward money offered by the court is more used to solve the "implementation difficulty". 2065438+On February 28th, 2007, the Supreme People's Court promulgated the Provisions on Several Issues Concerning the Transfer and Investigation of Property in Civil Execution, which affirmed the practice of issuing a reward announcement and investigating the property of the executed person, and standardized the conditions for receiving, obtaining and paying the reward.
Meng Xiang, director of the Civil Executive Board of the Supreme People's Court, said that enforcement by offering a reward is an important embodiment of relying on the fine judicial tradition of the masses to encourage the society, the public and the public to mention their own property clues to the people, the civil law and the court. It can not only increase the chances of finding the property of the executed person, but also help to form psychological pressure on the executed person and urge him to actively fulfill his obligations.
Single wire connection. Usually paid in cash.
20 17,1In the early morning of July, Guangdong police arrested Zheng Sen, a fugitive suspect of "1/0.24". On July 12, the police held a bonus ceremony for the informant who captured Zheng Sen, and rewarded 1 10,000 yuan on the spot.
The reporter combed the reward notices issued by the government, laws, machinery and customs in 20 17, and found that the government, Guoan and customs issued the most, followed by laws, courts, procuratorates and courts. The reward amount ranges from several thousand yuan to tens of millions of yuan.
It is understood that there are no clear regulations on the amount of reward, such as public security, procuratorial work, law enforcement and customs clearance. Public security, procuratorial organs, procuratorial organs and customs often directly stipulate the specific reward amount, and the court will give a certain proportion of rewards according to the realized value of cash or property in place. As for the source of the reward, the Public Security Bureau, the Inspection Bureau, the Inspection Bureau and the Customs Bureau adopt the principle of "whoever offers a reward pays" and extract it from the funds for doing good deeds or handling cases, and the court shall be borne by the applicant executor.
"The reward amount will be determined according to the comprehensive analysis of the case size and social impact. The reward measures shall be implemented according to the relevant documents of the Public Security Bureau, the Customs and the courageous acts. Once the clues are investigated and verified, the Public Security Bureau and the Customs will honor the promises in the reward notice. " According to Hui, deputy director of the press center of Changzhou Public Security Bureau, Jiangsu Province, in order to ensure the personal safety of the whistleblower to the greatest extent, the people's police will contact the whistleblower on a single line. Bounty redemption usually takes the form of cash payment to ensure that the personal information of the informant is strictly confidential.
With the development of social economy, the number of civil and commercial litigation has increased rapidly. Due to the lack of information about the person subjected to execution and his property, it cannot be executed. Some people who are executed escape the punishment of the law, and the justice of the law is not reflected, which also affects the judicial authority. In this context, the French Academy actively tried enforcement by offering a reward's method, and issued a reward announcement through newspapers, television, WeChat and other media to form a communication matrix, so that Lao Lai had nowhere to hide.
"enforcement by offering a reward is generally aimed at cases that have been implemented for a long time, exhausted various enforcement measures, and still can't receive the implementation effect, especially cases where the whereabouts of the applied executor are unknown, the property status can't be verified, or the applied executor conceals or transfers the property." Du Fu, vice president of the First Executive Court of Chaoyang District, Beijing, said that unlike the public security, public security and customs offering a reward to solve a case, the subject of the reward application is the person to be executed, and the reward should be borne by the person to be executed. If the executor repents and refuses to pay the reward, the enforcement court will directly deduct the reward payable from the execution payment and pay it to the informant.
The reward mechanism needs to be standardized and improved.
Practice shows that the notice of reward is an effective means of investigation and plays a key role in the smooth detection of some cases. However, in the opinion of experts, there are still some links in judicial practice that need to be standardized, and there are still gaps in relevant laws and regulations that need to be filled urgently.
There is no corresponding provision in the current laws and regulations on what types of criminal cases can be rewarded. The public security bureau will "decide on its own" according to factors such as the seriousness of the case, social concern and the degree of malignancy.
"Where did the reward come from? In order to prevent the bonus from becoming a dead letter, it should be clearly defined in relevant laws or regulations. At present, most awards are based on laws and regulations, scattered in different laws and regulations. The standards are different and inappropriate, and the regulations on bonus distribution and supervision are relatively lacking. " Yu Lingyun believes that some places are controversial about the issuance of rewards and bonuses because the reward setting is not clear. Once a bonus dispute occurs, it will affect the image of the public power machine. The reward conditions for reporting rewards cannot be general, but the conditions for setting bonus should be specific and clear, otherwise it is not conducive to cash.
"At present, the name, type, nature, publishing subject, publishing object, publishing procedure, publishing method, reward collection, reward amount and reward collection procedure are not clearly defined at the legal level." Zhang Pinze, a professor at China University, People's Republic of China (PRC) University and Angolan University, believes that in order to make the wanted notice system play a more active and long-term role, the government, law and customs should set up a fixed reward fund, which should be managed in a unified way and earmarked for special purposes.