On Civil Regulation Of Thief Booty

Thief booty means that subject of illegal and criminal offence gets goods by theft,snatching and robbery ,does not include deceitful and occupying item. It has the following features: coming into existence through illegal and criminal acts; realizing their purpose and interest by subject of illegal and criminal offense; the range being narrow.Civil law regulation of thief booty mainly includes thief booty and property protection, thief booty and tenure system, thief booty and BFA (The Bona Fide Acquisition).Occupancy is the frock of the right. With the development of society, people attach more and more attention to utilization of the res. Property protection is becoming loose ,attach more and more attention to protect transaction security through protecting the legitimate rights and interests of no owner. Tenure system between Roman law and Germanic law becomes increasingly merged .The application of tenure system of thief booty embodiment developing trend of the modern civil law .BFA of thief booty has different models of legislative act in world countries: application to BFA, no application to BFA, no application to BFA on principle. AT present the Real Right Act in our country has stipulated BFA, but thief booty does not apply to BFA.The intrinsic law attribute of thief booty has formed that its adjusting range covers criminal law, administrative law, civil and business law. The loss of civil law regulation of thief booty shows that conflicting laws come from different department and are irregular, civil law regulation of thief booty is not stipulated by special laws, at same time, the acts don't distinguish between the tenure trust item and the tenure detached item, don't distinguish between locality and variety of BFA of thief booty.At present, our country is currently in the primary stage of socialism, the socialist market economy system is gradual shaping and improving, theft and robbery are characterized by frequently and phase. Thinking of civil law and legislative model to absolutely protect proprietary right has lagged behind the development of society; it is going more and more against transaction security and making the best use of thief booty. For these reasons, we can adopt some measures to improve it such as unifying subject of legislation, stipulating the civil law regulation of thief booty, distinguishing between the tenure trust item and the tenure detached item, distinguishing between locality and variety of BFA of thief booty.