The Protection Of The Property Rights Of Persons Obtained In Good Faith With Stolen Goods During The Investigation Process

Collecting stolen goods is an important means to prevent and combat economic crimes.Article 64 of the Criminal Law stipulates that all property illegally obtained by criminals shall be recovered or compensated.The process of recovering stolen goods in the protection of civil rights and interests is extremely complicated.It involves not only the procedure of recovering stolen goods in the field of criminal law,but also the protection of property rights in the field of civil law,especially the recovery of stolen goods obtained in good faith.In view of the conflict between the natural attributes of the right to recover and the property right of the investigating organ,the exercise of state power and the protection of the property right of the bona fide acquirer should be properly balanced in the investigation procedure of recovering stolen goods.This paper is divided into four parts:The first part is the conflict between investigative power and property acquired in good faith in criminal procedure.This part first expounds the meaning,types,nature,and the difference between "money" and "thing" of stolen money and stolen goods;secondly,it clarifies what is the criminal recovery system from the legal provisions,the meaning and characteristics of words;finally,it analyzes the necessity of this research from the conflict between the right of investigation and the property rights of bona fide acquisition.It provides legal help for the following sections.The second part,the stolen goods should apply to bona fide acquisition system.This part first elaborates on the bona fide acquisition of stolen goods from the definition and constituent elements,and limits the bona fide acquisition of stolen goods studied in this topic to movable goods;then expounds the rationality and legitimacy of the system of bona fide acquisition of stolen goods from three parts:practice,theory and judicial basis.The third part,the status quo of the protection of stolen property in bona fide acquisition of property rights in the investigation procedure.This part elaborates on the attitude of the basic criminal law on whether the system of bona fide acquisition can be applied to stolen goods,the starting and handling measures of recovering stolen goods in practice,and the absence of the existing rights of the bona fide obligor of stolen goods,and analyzes the existing legal provisions and judicial practice in China to protect the property rights of bona fide obligors.The fourth part is about the construction and improvement of the system of protecting property in good faith.This part puts forward solutions to the existing problems in China,including the establishment of the system of bona fide acquisition of stolen goods in the basic criminal law,the strict control of measures taken against the bona fide acquisition of stolen goods,the improvement of legislation to protect the rights of bona fide acquisition of stolen goods,and the effective protection of bona fide acquisition of stolen goods by improving the legal system.Property rights.