Judicial Determination Of Taking Back Property Owned By Others

The number of cases where the owner has retrieved all his possessions by others has increased year by year,and the corresponding situation has become relatively complicated.However,there is no clear regulation on this issue in our country's legislation.The theoretical theory and the judicial practice are not unified.The conclusion makes it difficult for the court to grasp the accurate characterization of the case or make a wrong characterization when conducting judicial judgments,which seriously damages the impartiality and authority of the judiciary.This article integrates and analyzes a large number of relevant judgment documents,compares and analyzes the current relevant academic theories,collects and quotes relevant laws and regulations,and finally finds a set of judgment rules to properly deal with such issues for the adoption of judicial practice.This article is divided into four parts:The first part is to sort and summarize the relevant judgment documents of such issues,analyze the different courts' handling of such issues,including crimes and crimes,and analyze and sort out a large number of judgment documents to reflect that there is indeed inconsistency in the application of judicial rules,Resulting in different judgments in the same case.The second part is mainly about the controversy in the theory of guilt theory and innocence theory about the case of retrieving property possessed by others.Among them,the innocence theory and the guilt theory continue to be subdivided into four views.Possession theory,middle theory,power theory,middle theory are divided into mixed theory and three principles compromise theory.At the same time,in this chapter,we will make a specific analysis of the theoretical views,and finally sum up my more supportive views and the treatment methods that I think.In the third part,as long as it is the judicial practice of retrieving property belonging to other people in judicial practice,different courts have different opinions.Among them,the difference between the number of crimes and the number of crimes and their disputes,as well as the practice Practice specific analysis.The fourth part,through the detailed discussion of the above three parts,raises the problem,analyzes the problem,and finally solves the problem in substance,and proposes the processing rules for the owner to retrieve all his possessions owned by others.As a matter of fact,when a judge handles a case,he only needs to identify and characterize the case and put the case into the rule,and the conclusion can be drawn naturally.