明确和规范赃物“流通”过程中的权利归属,乃是有效落实赃物追缴退还制度必须解决的问题。赃物进入流通领域后,承认回复请求权恢复本权抑或允许适用善意取得制度保护交易安全,反映了不同的司法理念和价值追求。可以借鉴物权法所有权特别取得的有关理论,以区分“占有委托物”和“占有脱离物”为动产赃物归属的客观基础,以“非基于原占有人意思丧失占有”为行使回复请求权的根本准则,从而为解决赃物追缴退还中法律标准欠缺等现实问题提供规范模式。 To clarify and standardize the vested rights in the process of “stolen goods” is an issue that must be solved in order to effectively implement the recovery and recovery system for the stolen goods. After the stolen goods enter the field of circulation, they recognize that the right to reply should restore their rights or allow the system of bona fide acquisition to protect the transaction security, reflecting different judicial concepts and value pursuits. We can draw lessons from the relevant theory of the ownership of property law to distinguish the objective base of belonging ownership and the possession of detached property from the ownership of the original owner and the loss of possession based on the original owner’s meaning Reply to the basic principles of the right to claim, so as to solve the problem of recovery of the stolen goods in the recovery of the legal standards to provide practical norms and other real problems.