Opinions On The Bona Fide Acquisition System In Chinese Ownership Law

The Bona Fide Acquisition System (BFA) is a very important system in the modern Real Right Law, which referring to the problem of property protection and the measure and value of transaction safety, whose aim is to guarantee trade safety. BFA is when there are contradictions in benefits between the goodwill receiver and property owner, which protects the former. Because it can suit the development of commodity economy, protect the security of transactions, stabilize the economic order, speed the commodity economy, it is widely accepted by the civil laws of so many nations. The BFA has been regulated clearly in first time, which there is large meaningful, but there are some shortcomings yet, for example, lost property and spoils and booties is excluded from BFA, the rule on the answer demand is not reasonable, there is no reply to whether ownership with unchanged occupation can be acquired by the rule of BFA, and so on. In order to protect the abuse of BFA, it is necessary to regulate clearly to the problems above. The article starts with the history origin and the concept of BFA, disserting the values of BFA, discussing some disputative questions, and referring to two piece of legislative suggestions on improving: one is that the rule of BFA can suit lost property and spoils and booties on some certain conditions, the other is that ownership with unchanged occupation shouldn't be acquired by the rule of BFA.