In Xuchang, Henan, a woman named Wu has been fond of small animals since she was a child. She has a pet dog.

Since raising this dog, the woman Wu’s spiritual world has suddenly become richer. Whenever she is free, she will play with the dog and accompany it.

As time went by, she developed a deep relationship with the dog, just like her own child.

However, not long after, an accident happened.

On March 23 this year, the woman Wu came home from get off work as usual, and the first thing she did was to tease her beloved pet dog.

When she opened the door, her dog would pounce on her very affectionately in the past, but today, this did not happen.

The woman Wu immediately had an ominous premonition. She quickly changed her shoes and shouted the name of her pet dog while looking around.

Unfortunately, nothing was found in the end, and the woman Wu realized that her dog had been stolen.

In the next half month, the woman Wu searched frantically for her pet dog. Whenever she was free, she would She will look around.

Her mind was filled with the shadow of the dog. This incident made her unable to eat or sleep well, and she was very sad.

Later, someone reminded her that she might find something in the dog market.

If you really can’t find it, you can also buy a new pet dog and keep it there to dilute the pain of losing a pet dog.

The woman Wu followed this suggestion and went to several dog markets to search.

Coincidentally, on April 8, when the woman Wu came to a dog market again, intending to try her luck, she saw at a glance that her dog had been stolen among the many dog ​​cages. dog.

After seeing the woman Wu, the dog was very excited and kept barking at her. It was so wronged that I felt pity for her.

Wu stepped forward to find the vendor selling the dog, explained the situation to him, stated that it was her stolen dog, and asked the vendor to return the dog to her.

The vendor naturally refused, saying that he bought the dog normally from someone else with money, and said that no matter what, he would not return it to Wu in vain.

After a while, when the two were in a stalemate, the vendor who often dealt with dogs also saw from the dog's expression that what the woman Wu said was true.

He then proposed that as long as the woman Wu paid him the cost price of acquiring the dog, he couldto take the dog away.

The woman Wu still disagreed and called the police.

After receiving the call, the police arrived at the scene quickly. After figuring out what happened, the police pointed out that based on the current situation, there was no evidence that the vendor was related to the person who stole the dog. The vendor had stolen the dog from someone else. It is not illegal to buy a pet dog and then sell it.

The woman Wu recognized her lost dog and asked to take it away. The vendor should be compensated for the loss, and it was suggested that the two of them negotiate a settlement.

In the end, with the mediation of the police, the woman Wu spent 550 yuan to take back her stolen dog. .

Many netizens were confused after seeing it. They suggested that their dog was stolen and they still need to spend money to buy it back. What is the reason?

From this perspective, the vendor is also a victim, and it is unfair for him to bear the losses.

So how should it be viewed legally?

[Lawyer’s statement]

my country’s Civil Code divides property into two types, namely movable property and immovable property.

For real estate, the state implements a registration system. After the owner registers with the registration authority, he or she determines the ownership of the real estate, such as houses, vehicles, etc.

As for movable property, generally speaking, whoever possesses it has ownership.

This is a legal professional saying. In layman's terms, it means that whoever has the thing belongs to him, and no special proof is needed.

When a farmer sells chickens he raises and vegetables he grows in the market, under normal circumstances, he does not need to issue a certificate specifically to prove that they are his own.

Similarly, the aunt who buys groceries does not need to prove that the RMB she takes out of her pocket is her money, because it belongs to her in her pocket.

The same is true for the pet dog in this case.

The trader purchased the pet dog from others at a normal price and paid the consideration. It was acquired in good faith and was legal and valid.

What is acquisition in good faith? Legally speaking, it means that a person without the right to dispose of a movable or immovable property disposes it to another person, and the transferee in good faith obtains the ownership or other property rights of the movable or immovable property in accordance with the law.

As for "acquisition in good faith", according to the provisions of the law, the transferee can acquire the ownership in good faith and the following four conditions should be met at the same time:

(1) Person who has no right to dispose of Dispose of other people's property;

(2) The transferee is in good faith;

(3) The transfer price is reasonable;

(4) The transferee Has actually taken possession of the movable property or registered as the right holder.

In this regard, Article 311 of my country’s Civil Code clearly stipulates:

“If a person without right of disposition transfers real estate or movable property to a transferee, the owner shall have the right to recover .

Unless otherwise provided by law, if the transferee transfers the real estate or movable property in good faith or transfers it at a reasonable price, the transferee acquires the ownership of the real estate or movable property."

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In this case, according to the above provisions, the dog thief sold the stolen pet dog to the vendor and was the person without the right to dispose of it.

The vendor paid a reasonable price to purchase the pet dog without knowing it.

The vendor’s behavior constitutes a good-faith acquisition and legal ownership of the pet dog.

The woman Wu needs to pay a fee to redeem her stolen pet dog from the vendor.

Therefore, from this perspective, the behavior of the vendors in this case is not illegal.

When a trader purchases a pet dog, if he clearly knows that the person selling the dog is a thief and often sells pets abnormally, but still buys the pet dog from him at a low price, it cannot be deemed to be acquired in good faith.

In this case, the woman Wu has the right to get her dog back without paying a fee.

3. Dog thieves should bear corresponding legal responsibilities according to different circumstances.

In this case, if the dog thief is caught after investigation by the public security agency, he may bear corresponding legal liability depending on the circumstances.

First of all, theft, the act of stealing a pet dog raised by others, constitutes a public security violation and may be subject to penalties such as fines and administrative detention.

The thief in this case stole the pet dog from the woman Wu’s house. In terms of value, it may not meet the standard of “large amount” and cannot be considered a crime.

However, this does not mean that it will not be punished.

The behavior of dog thieves violates the provisions of our country's "Public Security Management Punishment Law" and constitutes a public security violation.

According to the relevant provisions of my country's "Public Security Management Punishment Law", "

Those who steal other people's property shall be detained for not less than five days but not more than ten days, and may also be fined;

< p>If the circumstances are serious, he shall be detained for not less than ten days but not more than fifteen days, and may also be fined.”

Therefore, the dog thief in this case may be fined or administratively detained after being caught by the public security organs. punishment.

Secondly, for theft, according to the provisions of our country's "Criminal Law", if the value of the stolen property reaches the legal limit, The “large amount” standard may constitute a crime and be subject to corresponding criminal penalties.

Theft is "a relatively large amount". According to relevant judicial interpretations, the standard for "a relatively large amount" of theft is generally between 1,000 yuan and 3,000 yuan.

In this case, the dog thief stole the woman Wu’s pet dog, which was worth 550 yuan and did not meet the above standards. Therefore, judging from this behavior alone, it may not constitute the crime of theft.

However, the relevant judicial interpretations of our country also stipulate that for theft, although the value of the stolen property does not meet the "large amount" standard, if theft is repeated multiple times, that is, if it is stolen more than 3 times within 2 years, It can also constitute the crime of theft and be investigated for criminal liability in accordance with the law.

If the dog thief in this case is found to have committed multiple thefts as specified above, even if the amount stolen is not large, he can still be guilty of theft.

In addition, the pet dog of the woman in this case, Wu, was stolen from her home.

my country's "Criminal Law" also stipulates that "housebreaking", regardless of the amount of property stolen, constitutes a crime of theft and should be investigated for criminal liability.

Thus, judging from this provision, the dog thief has fully committed the crime of theft.

Finally, based on the above legal analysis, we can know that in this case, before the theft was detected and the dog thief was caught, the police’s mediation results were in compliance with the law.

The 550 yuan loss suffered by the woman Wu for no reason can only be borne by herself. After the case is solved, she can ask the dog thief for compensation.

What are your views and suggestions on this?