Study On Bona Fide Acquisition Of Booty

The bona fide acquisition system is an important civil legal system under the condition of marketing economy. Our country give official recognition to the bona fide acquisition system since the Property Law of the People's Republic of China was put into effect in October 1,2007. This is a major breakthrough in the development of civil law. The final conclusion has been reached on the issue whether the bona fide acquisition should be applied to the lost property. But the legislature has adopted an evasive attitude to the issue the bona fide acquisition whether should be applied to the stolen goods. This is a great shortcoming of our Property Law, and the legislative gap of Property Law between our country and the world. So the main objective of this article is the discussion on the bona fide acquisition whether should be applied to the stolen goods.The current legislative attitude about whether the bona fide acquisition should be applied to the stolen goods around the world can be divided into three legislative models:completely denying, restriction on dividing, unqualified certainty. The three legislative models have three kinds of theoretic support:static security of properties, taking into account both dynamic security and static security of properties. According to the historical materials relating to legislation and judicial practice about whether the bona fide acquisition should be applied to the stolen goods, our country take the legislative model of stark denial to handle the problem of resolution for booty. However, through the lawmaking comparison of the foreign countries, we found that countries holding the ideas of restriction on dividing are the majority. Civil law and some of common law countries take the legislative model of unqualified certainty. And the complete denial legislative model is dying. Nearly two decades have elapsed since Deng Xiaoping put forward the building of a socialist market economy during his South Talks. The completely denying legislative model has already been not suitable for the actual needs of our country's development. Then what kind of legislative model about the bona fide acquisition should be applied to the stolen goods should we take in the legislation of real right in future? Legislation should suit national conditions and show great foresight. The legislative model of restriction on dividing is the doctrine of the mean, but this is not a good proposal. Because its system design is very complicated, which is not only difficult to be carried out, but also difficult to achieve a fair result. In order to perfect our country's bona fide acquisition system of booty, I believe the best choice is to take the legislative model of unqualified certainty to protect dynamic security of properties.In this essay, I used the comparative study, historical research, value analysis and other methods to promote legal research process, and used some typical cases and statistical data to procure a comprehensive arguments.