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Criminal Recovered Under The View Of Substantive Law Research Money Stolen Goods

Posted on:2017-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:W X ShiFull Text:PDF
GTID:2346330536974830Subject:Law
Abstract/Summary:PDF Full Text Request
Money stolen goods is a crime of the property obtained by crime,recovery of money stolen goods is to have been the recovery of criminal damage social order,also can make up for the victim because of the economic loss caused by crime.But in the judicial practice of money stolen property,how to define how to define the scope for "illegal income" ? In addition to direct the illegal income,including indirect illegal income? And define the subject did not make clear a regulation,whether to apply the principle of good faith for the money stolen goods are vague,how to define the knowing,whether for a third person in good faith good faith system are no clear provisions shall be applicable,these problems can easily lead to chaos in the judicial practice or not in accordance with the embarrassing situation,also makes the victim's legitimate rights and interests is difficult to get effective relief,unable to effectively combat crime.Criminal recovered according to the above problem,this article mainly,the research on how to define the specific scope of the definition of the money stolen goods and money stolen goods,and the money stolen goods in the current under the condition of market economy,goods circulation,exchange,morphological changes in the money stolen goods,whether a substitute money stolen goods can be defined as a booty,and recovered,in addition,the money stolen goods is obtained under the condition of third person,when to apply goodwill made a preliminary study,and put forward a system of money stolen goods in good conditions apply,in real life there may be some special thing to have a special emotional meaning or entrust the victim,offered to attach importance to the holder of the specific content of the original meaning,and put forward the recovery system and applicable of the stolen money recovered,and stolen goods.Finally,when the money stolen goods recovered,institutional improvement and implementation of recommendations to carry out the principle of protection of the victim and suggested that the principle of judicial final confirmation,crime,in order to achieve the purpose of maintaining the legitimate rights and interests of the victim.Innovation point of this paper is to put forward the 3 big features of money stolen goods identified and criminal recovered,must implement the principle of protection of the victim and recovered,and applicable principles and how to define of the stolen money and goods recovered,get in line with good faith.
Keywords/Search Tags:Define Money Stolen Goods, Form, Good faith, The Judicial Final Confirmation, The Range And Recovered
PDF Full Text Request
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