| Bona fide acquisition system is an important system of real rights law aims to protecting the benefits of the bona fide third party and maintaining the safety of the transaction. Under the market economy system, it is very urgent to establish the system in our country. In the judicial practice of our country, the theory of bona fide acquisition has been used to the judicial matters. But if the bona fide acquisition system has been established in our country is still a dispute in theory. The controversy has raised great attention in judicial circles and has caused instable attitudes of the judicial circles when they use the theory of bona fide acquisition to settle cases. And many legalists raised a lot of questions and views about the theory. The author of the paper has very rich trail experiences and has met a lot of similar cases, and the author made a generalization about these cases and tried to analyze these questions by using the primary theory of civil law. The paper will give general statements about the origin and the constitutive elements of the bona fide acquisition system and the conditions of the legislation of other countries. And the paper will also give detail analysis and arguments about the identification of the good faith which is very difficult to deal with, the transaction of the bona fide acquisition and the scope of application of bona fide acquisition by using the primary theory of civil law and the rules of current laws and by exercising the method of value judgment and balance of the benefits. Then theauthor made the following conclusions: bona fide acquisition should apply extensively, the change of possession unfits to bona fide acquisition system and the bona fide acquisition can apply only when the behaviors of the bona fide acquisition transaction are legitimate and valid. The author also raised some opinions about some controversial questions in the hope of doing some useful work for the legislation of real rights and the judicial practice.
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