On The Stolen Goods Acquired In Good Faith

Bona Fide Acquisition is an important legal system in civil laws of different countries. Our "Property law" also clearly provides this legal system, but whether the booty can be applied in this legal system is not provided in the law. From the draft of "Property law", we can see that some scholars brought the problem, but officially promulgated "Property law" evited this problem, as is a very regrettable thing. The essence of Bona Fide Acquisition is to ensure the security of dynamic transactions at the expense of static property ownership. Whether the booty can be applied in the legal system of Bona Fide Acquisition is a problem about balancing the interests between the third person and the original owner. Correcting handling the relation of the third person and the original owner is the precondition of whether the booty can be applied in the system of Bona Fide Acquisition.The paper revolves Bona Fide Acquisition of booty to discuss and is composed of four parts. The fist part mainly narrates relevant theories of Bona Fide Acquisition of booty in which the writer firstly introduce the theory of Bona Fide Acquisition and secondly discuss the concept and characteristics of booty besides distinguish the entrusted property and detached property. The second part describes the provision of Bona Fide Acquisition of booty in other countries and Taiwan. In this part the writer describes three views of Bona Fide Acquisition of booty in foreign countries that are fully application, application with additional conditions and non-application and the writer also analyze the reasons of the supporter of different standpoints. The third part introduces the comments on Legislation about bona fide acquisition of booty in China. Scholars has different oppions on this issue, through the analysis of various perspectives, ultimately I believe that the conditions for obtaining good views of booty is reasonable. Besides, the reasonableness of oppion is analyzed. The fourth part is about the improvement of laws.We can achieve from the legislature and the judiciary. For example, to obtain legislation Guiding Plunder Innocent Essential Elements, and the corresponding judicial judicial interpretation issued by reference to the Lost Property provisions of the problem of handling booty, and the principles of the open market from abroad, while also provides for recovery of booty problem.