To Discuss The Bona Fide Acquisition Of Transaction Security

No matter before or after the Real Right Law of the People's Republic of China was enacted, the Bona Fide Acquisition of the thief booty is a hot issue, which is caused by the strongly contradiction between people's inherent ownership concept and requirement of modern society to the transaction security. The contradiction existed since the establishment of the Bona Fide Acquisition system. This paper emphasizes on analyzing the contradiction in order to express the author's view to the issue.Chapter One analyses the essence of "Hand muss Hang wahren" principle, which is different from the Bona Fide Acquisition, but provide the academic reference to the system by introducing the origin and establishing course of the Bona Fide Acquisition system. Roman acquisitive prescription system had already considered how to protect the transaction security .The establishment of the Bona Fide Acquisition system is the result of balancing the protection of transaction security and ownership.Chapter Two introduces three kind of legislative mode about whether the Bona Fide Acquisition is applied to the thief booty in mostly countries. It also analyses importance of the protection of transaction security in the legislation.Chapter Three introduces the judicial interpretation about whether the Bona Fide Acquisition is applied to the thief booty, which is faulty and confused that needs uniform law to regulate .And then this chapter introduces the legislation ideas about the issue before the Real Right Law was enacted.Chapter Four indicates that the Bona Fide Acquisition is applied to the thief booty, from the history and society developing background, the relationship of the legislation and using economic analysis method. The part also disproves the reasons for not applying the Bona Fide Acquisition, and concludes that the Bona Fide Acquisition is applied to the thief booty is the requirement of the protection of ownership.The conclusion points out that ,as the lever of distributing social benefits, law should play its role fully .The author advices that the thief booty should apply to Article 107 of Real Right Law as the lost property.