Research On Legal Issues In The Criminal Investigation Stage

Don't let crimes benefit from crime is an important principle of justice and law,both out of substantial justice and the purpose of crime prevention,should not let crimes have derived from the interest of the crime.For processing of the money stolen goods involved throughout the course of the in criminal litigation is not only related to criminal property interest,also involves the victim,the state and legal property outside the third party security interests.At present,the issue of the recovery of criminal cases in our country is subject to the lack of corresponding legal basis,and the discretion of judicial organs is too broad,leading to more problems in judicial practice.In the criminal investigation stage,the problem of the recovery,because of the special litigation stage,is more prominent in reality,which requires us to pay more attention and attention to this issue.Based on the confusion and difficulties in the above legislation and judicature,this paper tries to carry out in-depth study on the basis of theoretical and practical considerations.The body of the text is divided into four parts:chapter one is"criminal recovery obstacle and settlement".To explain the basic concept,elaborated our country current criminal prosecution system,the judicial organs recover stolen money or goods shortage or not before trial,enumerate recover stolen money or goods barrier type,analysis the reasons,and combining with the judicial practice and the recover stolen money or goods obstacles outside of solution,and advice are put forward.The second chapter is "recover the wrong and the relief".For judicial organs in the process of recovery,handling money stolen goods possible recover stolen money or goods in inappropriate situations,combined with the criminal suspect,the rights and interests of party and the third person legitimate rights and interests of the status quo of the lack of legal protection to recover stolen money or goods wrong relief present situation of carding,avoid the mistakes recover stolen money or goods and advice are put forward.The third chapter is "the intersecting and handling of torture".With the help of the existing typical cases,summed up in recover stolen money or goods in the punishment of the people,the overlapping problem of sorting the existing in our judicial practice on the criminal of the property involved in the qualitative and quantitative analysis,based on the relevant academic and practice of civil law and criminal law relationship,deeply involved in the spoils back link some awkward questions to guide,the outline of criminal back after rewards link need to pay attention to the overlapping problem of unity and torture people.The fourth chapter is "criminal recovery and goodwill acquisition system".This part is to good faith system as the breakthrough point,the concept,significance and component of system applicable to foreign money stolen goods in good condition evaluation,introduces a clear criminal recover stolen money or goods should apply good faith system in China,and the criminal recover stolen money or goods carry out specific analysis on how to apply good faith system.