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On the Perfection of Bona Fide Possession of Illegal Goods System from the Perspective of the Contract-fraud Case of Huang Jianzhong
Author: ZuoShaoMin
Tutor: YuShuYi
School: Lanzhou University
Course: Legal
Keywords: Booty Acquired in good faith Criminal suit Protection of the rights
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 170
Quote: 0
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Abstract
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Stolen goods involved in criminal cases , when transferred to a third party at the flow of people from crime , as a third party actually controlled or owned , stolen goods activities of the judiciary may conflict with the third person's property interests . The handling of such cases , involves two questions , one stolen goods can be applied to bona fide acquisition , handling stolen goods involved in the property rights of the third party , should be applicable to proceedings . This article Huang Jian Zhong contract fraud case raised issues , pointed out deficiencies in the system is caused to the case processing errors , and introduce the other countries deal with the problem of path , proposed that should improve the stolen goods in good faith to obtain the system and within the Criminal legal system additional recovered and confiscated program of legislative proposals from institutional constraints of state power and the protection of third party property rights ineffective purpose . This introduction and conclusion , is divided into six chapters. The content of the verdict of the basic facts of the case and the court for the the Huang Jian Zhong contract fraud . The second chapter summarizes the dispute in this case the focus and the focus of controversy for a legal analysis of this case improper application of law conclusions . Chapter of the reasons for the judgment errors analysis, point out the defects of the legal system , law enforcement by the old concept of mishandling the main reason is the cause of the judgment and a similar situation . Chapter from the constitutional basis and judicial status expounded the significance of the Criminal property recovered confiscation of the establishment of the system and improve the protection of the property rights of the third party . Chapter V of Germany and the United States at the legislative level to solve such problems , the path . Chapter VI on the goodwill of the stolen goods in China to obtain the system and criminal litigation recovered confiscation of the property of a third person system of legislative proposals , the proposed property law should be recognized in addition to Thieveries stolen goods acquired in good faith , for the stolen money should be applied is different from the general chattels real estate more relaxed acquired in good faith ; additional recovered and forfeiture proceedings in the criminal legal system .
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