刑事追赃与善意取得的冲突与重构

The Conflicts and Reconstruction Between Criminal Booty Recovery and Acquisition in Good Faith

法律和司法解释在对善意取得是否能阻断刑事追赃存在不同观点和意见,追赃依据不一致直接导致司法工作者在实际工作中无所适从。现代意义上的法治国家主要标志就是规范公权、限制公权、保障私权、倡导私权,在立法的方向上,把善意取得制度纳入刑事追赃的规范体系是大势所趋。

There are different opinions and ideas about whether acquisition in good faith can block criminal booty recovery or not in legal and judicial interpretation. Inconsistent basis for criminal booty recovery the recovery of criminal booty directly results in that the judicial staff are at a loss in practice. The main symbol of modem country ruled by law is standardizing public rights, limiting public rights, ensuring and advocating private rights. In legislation, it ＇s a general trend to bring the system of acquisition in good faith into the standardized system of criminal booty recovery.