The Study On The Relevant Issues About Recover Booty And Return Of Stolen Goods On Economic Crimes Involving The Mass

The stolen goods in criminal procedure include stolen money and stolen goods,which refers to the property illegally obtained by criminals by criminal activities.The issue of stolen goods is related to the protection of property rights and interests of victims involved.In recent years,the high-profile trend-oriented economic crimes involving the public have seriously disrupted the normal market economic order and social stability in our country.Based on the theoretical and practical research on the stolen goods stolen by the people involved in economic crimes in our country,Learn from the advanced measures of extraterritorial relevant systems,and build a system of recovering stolen goods from obscurantism-oriented economic crimes in line with China's national conditions.Based on the basic theory,this paper studies the basic theories of the stalking-type economic crime and criminal recovery mechanism of stolen goods.Stakeholder-type economic crimes refer to economic crimes that involve many unspecified victims in order to obtain the property income for the direct purpose anddirectly damage the economic interests of the victim.Due to the wide range of involved cases,the large number of victims involved,the huge amount of money involved and the low rate of stolen goods,these cases have caused extremely serious social harm and heavy workload after rehabilitation,which can easily trigger social stability problems.Defending the stolen goods is an important part of the criminal procedure.Defending the stolen goods and returning the stolen goods are two stages of the stolen goods and the two indivisible judicial activities that are linked before and after.The two are mutually reinforcing and consistent.For the nature of the activities of recovering stolen goods,some scholars think it is a kind of investigation measures aimed at divulging the crime,identifying the facts of the case and proving the facts of the crime.There are also opinions that stolen goods are a form of repudiation of debt arising from criminal acts The civil compensation that should be paid shall be compulsory for the implementation of measures to protect the civil rights of the main body of property rights can be promptly remedied after being infringed,directly referred to the removal of stolen goods embezzlement activities classified as a civil category.The author believes that it is necessary to make it clear that the activity of removing stolen goods from stolen goods falls into the criminal category.Although it has the nature of a civil dispute to some degree,the economic dispute it brings about in essence is solved in different cases Stage,it presents a different nature.In addition,the recovery of stolen goods is a kind of judicial act backed by state coercion,which is mandatory.It is also a fundamental feature that distinguishes it from civil disputes.Compared with the general criminal cases,due to some of the characteristics ofeconomic crimes,the measure of the success of an economic crime case,in addition to the defendant's legal disposal,depends largely on the stolen goods And the returned goods are in place.It is of great significance for the entire litigation activity to recover the stolen goods,which can help to restore the economic losses caused by criminal activities and protect the legitimate property rights and interests of victims.It is also conducive to realizing social justice and maintaining social stability.However,the current mechanism of recovering stolen goods from stolen goods by economic stalkers in our country is still not perfect.This article mainly summarizes the current situation of our country as the vacancy in the legislative system and the lack of judicial practice,which leads to the difficulty in smooth recovery of the stolen goods.The rights and interests are hard to be guaranteed.Specifically,in terms of legislation,the existing criminal laws in our country provide some general provisions for the recovery of stolen goods from the stolen goods only in the Criminal Law and the Criminal Procedure Law and some relevant judicial interpretations.However,Handling methods,the theme of tackling stolen goods,procedures and other procedures did not elaborate provisions,did not form a complete system of institutions.Due to the relatively procedural nature of the activities of recovering stolen goods,specific procedural systems are needed to standardize the operation.If there is no corresponding laws and regulations to regulate the activities of recovering stolen goods,legal protection of the property rights of the victims is required to achieve social fairness and stolen goods.The other value can only become utopian.Judicial practice,due to some inherent difficulties in the investigation,theproperty and property freezing work is complicated,the "first line after the people" restriction,the judiciary is not high enthusiasm for the recovery of stolen goods is not high awareness,cross-sectoral cooperation is not in place and other reasons,leading to stolen goods Unfunded work is always in place.Therefore,it is necessary to perfect the mechanism of recovering stolen goods from the stalkers involved in economic crimes in our country.It is the requirement to protect the rights and interests of victims,to alleviate the social conflicts caused by economic crimes,to realize social justice,to establish the impartiality of judicature and justice authority.After that,this article has carried on the research to the extraterritorial system,the foreign developed countries or the international organization has provided the quite perfect legislation and the mature judicial practice experience to the criminal illegal proceeds disposal and the victims property right protection,has formed some quite Mature institutions such as the Victim Trust Fund under the Rome Statute,the asset recovery mechanism in the United Nations Convention against Corruption and victim assistance in some countries.After combining the relevant basic theory and judicial practice research and the reference to the extraterritorial related system,the author put forward a set of relatively complete system of stolen goods stolen by economic-related crimes.First of all,we have established the basic principles of the system of stolen goods stolen by stalkers involved in economic crimes in our country,namely,the principle of equal protection,the principle of timely protection,the principle of combining prevention and preservation,and the principle of maximizing benefits.Secondly,it establishedthe internal mechanism of the system,and clarified that the scope of the main body of the stolen goods to stole the stolen goods included the implementing agencies of the stolen goods,the objects recovered and the objects of stolen goods.For the implementation of the main body,it is necessary to establish a coordinated recovery of the various agencies to recover the stolen goods stolen goods;in addition,the establishment of a complete stingy economic crime stolen goods stolen goods is also extremely necessary system.Finally,we put forward a complete design of procedural rules for the system of stolen goods stolen by stalkers involved in economic crimes in our country.For the perpetrators,it is necessary to build a property control mode combining prevention and preservation.For the victims,it is necessary to establish a property relief model that fully protects the victim's property rights.Constructing the mechanism of recovering stolen goods from stolen goods in the economic stalkers in China can fill the gap in theory,guide the practice of theory and regulate the stolen goods involved in stolen goods in stalking economic crimes,which helps protect the victims Property rights and interests,to ease social conflicts.