A Number Of Studies On The Disposal Of Stolen Goods

Stolen goods have multiple legal attributes and different legal values.The disposal of stolen goods involves two aspects: entity and procedure,which not only protect the needs of criminal proceedings,but also protect the rights and interests of civil rights.From the legislative point of view,there is no specific definition of the stolen goods in the criminal legal norm system.The legal position of the coercive measures on objects such as seizure and freezing is not clear,and there are different understandings in the application.The law on the disposal of stolen goods is scattered and lacks specific disposal measures.There are some problems in the disposal of stolen goods,such as lack of legitimacy,difficult to start the confiscation of unconvicted convictions,insufficient protection of the third people in good faith and transaction security,and confusion before the trial.The emergence of these problems is related to both the judicial financial system and the judicial concept of "attaching importance to entities,ignoring procedures","paying attention to crime attack,ignoring protection of rights".On the basis of combing the criminal legislation and judicial interpretation of the stolen goods,this paper makes an in-depth analysis of the problems in the disposal of stolen goods through the basic procedural principles of due process and protection of rights.Some suggestions are put forward,such as perfecting the system of judicial funds guarantee,establishing the proper procedure for the disposal of stolen goods,perfecting the system of confiscation of the non convictions,establishing the good faith acquisition system of the stolen goods,and perfecting the system of pre trial return.In order to provide a useful reference for improving the disposal system of stolen goods in China.