Research On Criminal Recovery Of Stolen Money And Goods

The stolen money and stolen goods are an important part of the property involved in the criminal case,and have the dual attributes of evidence value and economic value.However,in practice,it is a difficulty to recover the stolen money and goods for judicial departments and that is the hot issue for people to discuss and criticize.This problem not only affects the development of criminal prosecution procedures in the negative way and declines the judicial credibility,but also does harm to victims’ legal property rights and interests again.To protect the lawful property rights and interests of the victims and the third person in the criminal processes better,this article uses the stolen money and goods as the research object from the view of criminal recovery,then summarizes the main problems in the criminal recovery operations as well as analyzes the reasons deeply,lastly proposes some useful suggestions.Firstly,this paper starts with the fundamental theory of stolen money and properties and criminal recovery,thus defines and classifies the general concept of stolen money and stolen goods,then makes the stolen money and properties as "all the gained property from illegal crime".In order to eliminate the confusion between recovery and relevant concepts,the legal orientation of criminal recovery is understood from the point of law nature and appropriate object,which the recovery is determined as "the criminal measures of treating with objects,double attributes of procedural control and substantive punishment".In addition,it aims at researching the current situation of the recovery of stolen money and goods in China.Problems are found in the practice of the criminal recovery of stolen money and properties in this article.Also it focuses on the significant parts in the actual recovery of stolen money and goods,and kinds of problems can be found from the procedures or systems of the investigation and evidence collection of stolen money and properties,pre-trial return,prior disposal,court investigation and so on.Besides,we analyze the main reasons of the criminal recovery of stolen money and goods in China are that the motivation of financial profit,the old thought of valuing procedure over property,and the serious idea of investigation centralism.Therefore,the criminal recovery of stolen money and goods as well as the pre-trial recovery are both not standardized,the procedure of obligee and the system are not perfect.The mechanism of third party’s right saving and supervision are not proper.Finally,for the problems we mention,the paper gives the reasonable solutions and the viewpoint of the construction of the legitimate procedure of criminal recovery of stolen money and properties,focuses on the analysis of the availability and necessity of the independent court investigation process in order to provide an effective way to promote the criminal recovery procedure of stolen money and goods.