Research On The Overlapping Of Criminal And Civil In The Acquisition Of Stolen Goods

The acquisition of the stolen goods involves both the relevant provisions of the Property Law and the criminal considerations.From the point of view of the cross of the people,the relevant concepts are analyzed from different perspectives,so that the behavior of the stolen goods can be reasonably defined.The study of the behavior of the stolen goods can be the direction of the relevant penalty-based legislation,and the theoretical support can also provide theoretical support for the administration of justice.The research on the behavior of the stolen goods can play an important role in the full protection of the rights and interests of the parties and the maintenance of social order.The thesis is divided into four parts:Part one: summary of stolen goods.This part uses the method of literature analysis and comparative analysis to analyze the different attitudes of criminal people in the concept and type of stolen goods.The stolen goods studied by criminal law refer to all the property and proceeds obtained by committing the crime of violating the criminal law."stolen goods" embodies the characteristics of criminal law,and "things" embodies the characteristics of civil law.In addition to illegality,evidence and other criminal characteristics,the ownership of stolen goods should be paid more attention to.The transfer of stolen goods to the market will be defined as the transfer of stolen goods.The second part: the theoretical research on the behavior of stolen goods.This part uses the method of comparative analysis to define the subject and behavior classification of the stolen goods acquisition behavior.The acquisition of stolen goods includes the tripartite subject,the original obligee,the transferee and the state.In the process of law operation,there are conflicts of interest among these three parties.The key to balancing the interests of the three parties is the characterization of the acquisition of stolen goods.In civil law,this kind of behavior isdivided into malicious possession,bona fide possession,and the distinction is obtained directly and indirectly in criminal law,and there is a cross between the two different classifications.There is no dispute among the theorists about malicious possession and direct acquisition of stolen goods,but about indirectly obtained stolen goods.Whether the bona fide acquisition system is applicable has formed different viewpoints,such as affirmative theory,negative theory,compromise theory,etc.The third part: the investigation of the application of stolen goods acquisition.This part uses the system research,the empirical analysis method.Through the study of the current system and legislative documents,it is found that different levels of law have different attitudes,the same level of law also shows a different attitude,including affirmative provisions,avoidance provisions,negative provisions.And from the judicial practice to find a solution to the problem.In judicial practice,there are different attitudes to the acquisition of stolen goods,even in similar cases,the final stolen goods also have different ownership.In addition,the legal norms that can be applied in the acquisition of stolen goods and the attribution of stolen goods show a one-sided nature.Point,the law recognizes the application of bona fide acquisition system in different forms,but the types of stolen goods are not limited to these aspects.For other types of stolen goods,whether the bona fide acquisition system can be applied,even if the application of the final determination of the ownership of stolen goods,There is an urgent need for clear legal guidance and norms.The fourth part: the criminal settlement path of the stolen goods acquisition behavior.This part uses the method of value analysis to put forward the solution to the definition of the acquisition behavior of stolen goods,that is,to confirm the application of bona fide acquisition in civil law,and to declare the principle of bona fide acquisition in criminal law.And the establishment of stolen goods to obtain acts of civil justiceparallel thinking.The problem of obtaining stolen property is one of a series of subsequent acts caused by crime involving property.The reasonable definition of the act of obtaining stolen property can balance the conflicts of interest among different subjects and provide an explanation for the application of legal norms in different fields.To realize the convergence of criminal people on this issue.Affirming the bona fide acquisition of stolen goods will help to promote the development of criminal justice.It is of certain significance to the recovery and payment of stolen goods,the study of stolen property crimes,and the regulation of crime involving stolen goods in the market.