Research On The Necessity And Realization Path Of Bona Fide Acquisition System Of Stolen Goods Under The Cross Vision Of Criminal And Civilian

The problem of obtaining stolen goods in good faith involves both the relevant provisions of civil law and criminal law.At present,the legal rules of obtaining stolen goods in good faith in China are mostly reflected in criminal legal documents and a small number of civil legal documents.As a result,a large number of cases of bona fide acquisition of stolen goods in our judicial practice are judged on the basis of criminal legal documents.The Civil Code does not stipulate bona fide acquisition of stolen goods,and the legislative body considers that the stolen or robbed property shall be recovered and returned by the owner mainly through the judicial organ in accordance with the provisions of the Criminal Law,the Criminal Procedure Law,the Law on Punishment for Public security Administration and other relevant laws.In the process of recovering stolen assets,how to protect the rights and interests of bona fide assignee and safeguard the security of transaction and social and economic order can be solved by further improving relevant laws and regulations.Therefore,China’s criminal legal system to solve this problem is also after several twists and turns,the general trend is from negation to partial affirmation,but so far there is no completely unified rules.Because the bona fide acquisition of stolen goods involves the intersection of civil and criminal law,in judicial practice,the trial procedure of criminal law before the people is often adopted.The rationality of the trial idea of criminal law before the people itself also needs to be considered.In other words,its essence lies in the suboptimal problem of "criminal law interests" of the criminal victim and "civil law interests" of the third party in good faith.From the point of view of the elements of the legal relationship,this problem is essentially administered in the civil field,so it should be regulated by the civil legal system,especially the system of real right.The implementation of the Civil Code in 2021 once again avoids this issue,leaving the application of bona fide acquisition of stolen goods,the most common in practice,in a state of legislative ambiguity.The shortcomings of civil Code cannot meet the needs of the practice of The Times.In judicial practice,due to the lack of perfect legal basis,most judges use relevant criminal legal documents and interest measurement standards to judge the ownership and risk of stolen goods in the hearing of stolen goods cases.As there are so many arguments in the theoretical research,legislators take a conservative attitude and deliberately avoid this issue.As a result,there is no unified standard in judicial practice to judge such cases,leading to the confusion of judicial recognition.From this point of view,it is of great theoretical and practical significance to discuss the bona fide acquisition system of stolen goods under the framework of civil legal system.Based on this,from the perspective of legislation and justice of bona fide acquisition of stolen goods in Our country,the necessity of establishing the system in civil law under the vision of civil and criminal cross is demonstrated,and the realization path after the establishment.It is expected to play a certain role in solving the problem of obtaining stolen goods in good faith in China.