论公安基层民警保管与退还案件无关物品——基于某县N个派出所的调研

The Unrelated Items in the Custody and Refund of Public Security Police at the Grassroots Level——Based on the Survey of N Police Stations in a County

治安行政和刑事司法中当事人与案件无关的物品保管与退还乱象频发,损害当事人的财产权、隐私权。分析背后原因,并比较刑事涉案财物保管与处置对策,从效益、高效、人性等角度考虑,在不改变公安机关现有办案流程的基础上,增加在笔录中记载当事人与案件无关的物品信息这一项程序性流程,创设由看守机关保管符合移交条件的物品保管方式以及邮寄的处置方式。

In the practice of public security grassroots police handling, there are more irregular and uncivilized chaos in the custody and return of the parties and items unrelated to the case, which has caused the violation of public rights by public rights, especially the property rights in private rights. The right to privacy also reduces the good image of the people’s police. In order to solve this kind of chaos, in order to protect the law enforcement effect while protecting the legal private rights of the parties, and without changing the existing handling procedures of the public security organs, increase the procedural process of recording the information of the parties and the items unrelated to the case in the transcript. It is created by the caretaker to keep the items in accordance with the conditions for the transfer and the method of disposal by mail.