On The Return Of Stolen Goods

In judicial practice,there are still many problems,such as puting overmuch value on criminal assault and public security punishment rather than the return of stolen goods.How to safeguard the interests of the obligee and balance and the interests of obligee and the bona fide third party? It is necessary to study the return of stolen goods.The study on the return of stolen goods should be started with the component of the return system of stolen goods.The obligees includs original holders of the right in rem and original tenants.The obligors includs trespassers,the successor and the relative public right holder.On the occassion of objectly capability of return,the obligees need restitution.The return of stolen goods will meet the bona fide acquisition,whether to apply the right to request the return of real estate issues,this paper lists some special analysis whether it meets the qualifications,which can be stolen goods,whether the bona fide acquisition system.In judicial practice,some of the judgments have evaded the application of specific legal norms,and the author believes that the 106 th articles of the property law can be applied.The return of stolen property,the right holder and the obligor as well as the corresponding right choice,the author lists in tabular form clearly,in order to facilitate readers to read and study.The return of stolen goods will be met in practice and cannot be returned.The return cannot include the absolute return or the relative return.The absolute return of stolen goods could include the quality or state of the refund cannot be:(a)the legal nature of stolen goods belongs to absolute contraband;(two)the stolen property belongs to the relative contraband in law;(three)the original loss of stolen goods.The relative return can not include(a)bona fide acquisition;(two)the ability of the returning obligor to disappear,die or lose his rights;(three)the obligee is lazy in exercising his rights;(four)the public right holder improperly returns it.Apart from the nature of stolen goods are contraband,stolen goods law should still return alternative method.If the holder fails to return the person whose economic base is lost or damaged,the obligee may exercise the right of claim for unjust enrichment or claim for damages.And for the public authority improper reimbursement can not return,can lift the state compensation.In view of the return of stolen goods,this article builds a set of theoretical framework of civil law perspective and criminal law practice,with a view to strengthening judicial theory and administrative law enforcement to consolidate the civil law theoretical foundation.