Research On Legal Issues Of Criminal Reward System

Criminal rewards have been offered since ancient times.At present,the reward system is still playing an important role at home and abroad,but it is unavoidable that many problems have been exposed in the long-term operation of the criminal reward system,which cannot meet the needs of fighting crimes in the new era.Therefore,the author thinks it is necessary to study such problems.The first issue discussed in this paper is the nature of the criminal reward is not clear.According to the importance of the issue,the author thinks that the starting point of the study should be the determination of the legal nature of the criminal reward,which determines what law should be applied and what kind of relief ways should be taken by the actor.First,the author analyzes the three theories on the nature of criminal reward,points out the basis,characteristics and shortcomings of the theory,and then gives the corresponding reasons according to the laws and regulations of foreign countries and regions,mainly the United States and Japan.Therefore,it is concluded that criminal reward is a kind of administrative behavior.The second problem discussed in this paper is that the subject of the criminal reward and the subject of receiving the reward are not clear.First of all,the author discusses the subject of the initiation.At present,the subject of the initiation of the reward is mainly the public security organ,but in practice there are a large number of non-public security organs,that is,individuals publicly issue criminal reward.It is reported that some of our country's public security organs even think that citizens issue a criminal reward is an illegal act.From the two ways of public relief and private relief,the author affirms the reasonableness and legality of private reward in the field of criminal reward,but this kind of relief is limited and must be regulated properly.Then the author draws lessons from the laws of Japan,America and other countries,and thinks that it is a good mode to start the criminal reward according to the application,which not only enlarges the subject but also avoids the abuse of the reward.As for the subject of the bounty,it mainly includes the criminals,the close relatives of the criminals,the persons with special obligations and the persons who illegally obtain the information.The author argues that the scope of the bounty applicants needs to be adjusted properly according to his analysis and argument.The third issue discussed in this paper is that the applicable standards and amount standards for cases are unclear.In terms of the standards for the application of cases,based on the analysis of the scope of application based on the nature of crimes,social influence and the difficulty in arresting criminal suspects or fugitives one by one,it is believed that the determination of the scope of cases on reward only based on a certain basis is too one-sided and likely to cause indiscriminate application of cases in which criminal reward should be applied instead of or in which criminal reward should not be applied,and then the applicable standards for the weighted scoring system are further worked out by further considering foreign provisions.The bounty standard in the criminal reward is not clear,and it is also a difficult problem.In practice,the public security organ adopts different amount for the same case,which is easy to cause unfair phenomenon.In view of this situation,combined with foreign legal provisions,the author recommends the use of big data system to determine the amount of criminal reward standard.The fourth issue discussed in this paper is the incomplete protection of the rights and interests of actors.The author,on the other hand,commences from the scope of protection of rights and interests as well as remedies.In the scope of protection of the rights and interests,the subject to protection and the subject to be protected are not clear.For example,in the protection of the actors,the authorities of various departments "shirk each other's responsibilities"."Shirking each other's responsibilities" will lead to no governmental authorities paying attention to the protection of the actors' rights and interests.Therefore,the author advocates to introduce special institutions to strengthen the protection of the actors' rights and interests.At the same time,the scope of the protected person in our country is too narrow.The author suggests that the scope of the protected person should be expanded according to the nature and influence of the case.Similarly,our country does not prescribe the relief way of the actor at present.Considering the author's opinion that the criminal reward is an administrative act,it is beneficial to protect the actor's rights and interests to take the administrative lawsuit as the main relief way of the criminal reward.