Research On The Disposition Of "Vacant Goods" In Administrative Compulsory Measures

The concept of vacant goods originates in the civil field.The disposal of"vacant goods" is the phenomenon that a state of uncertain ownership of property rights caused by various reasons in the process of administrative organ's implementing administrative compulsory measures are all disposed as vacant goods,especially in the process of administrative detainment.Not all the properties in such situation are really vacant goods in the administrative compulsory measures.More often than not they are disposed as "vacant goods" with the "one-size-fits-all"approach of administrative organ in order to deal with the issue of attribution and disposition of property caused by the waive or evasion of administrative responsibility of the administrative counterpart or the fault of the administrative subject.In order to improve the efficiency and achieve the purpose of law enforcement,different local and administrative departments set up arbitrarily and abuse the concept of "vacant goods".The experience and practice in their disposal of "vacant goods" which are different or even go against the provisions of the constitution and other superior laws have multifarious and diversified forms.There is a lack of normalization and serious problem of abuse,which is completely chaos,resulting in many defects in law enforcement practices.The administrative subject usually disposes the properties as "vacant goods" in hope to avoid the low administrative efficiency,the poor circulation of property,the increase of management cost and the decrease of law enforcement effect caused by the uncertain property ownership in administrative compulsory measures,so as to efficiently and conveniently solve the problem of property disposal in administrative compulsory measures.But one cannot do whatever is not authorized by law.The resulting profligacy and expansion of public power can easily affect and infringe upon private rights,making it difficult for citizens to recover and relieve their private property ownership.This not only contradicts the non-finality of administrative coercive measures,but also runs counter to the purpose of safeguarding public interests.Moreover,the lack of legality of the disposing of"vacant goods" can make administrative acts illegal or invalid,which further reduces and damages the public's recognition of administrative law enforcement and trust in administrative organs.Therefore the author tries to identify the essence of "vacant goods" in the context of administrative compulsory measures through empirical analysis and normative analysis,to sort out the causes and different types of "vacant goods" in the context of administrative compulsory measures;analyzes the legal attribute of the disposition of "vacant goods" in administrative compulsory measures and whether the disposition is justified,to discusses the solution of different types of dispositions of "vacant goods",and improves the judicial remedy for disputes over dispositions of "vacant goods";clarify and resolve the property disposition right attribute and return to the proper boundary between private right and public right,so as to make research and analysis and provide practical support for revising,standardizing and realizing strict and prudent property disposal with legal basis and in accordance with current principles.