Stolen Goods Acquired In Good Faith

Born in the early stages of the commodity economy, economic exchanges generally confined to small areas where the parties to the transaction world, the exchanges with a simple, convenient process. With advances in technology, development of commodity economy, property transfer between the original space-time break and geographical restrictions, extensive contacts in the world, security has become a commodity turnover generally the focus of the legal profession. To protect the property rights of bona fide purchaser who had never purchased the property in good faith after at the legitimate rights of bona fide acquisition system evolved several times after the establishment of provisions in the law down. Property protection from the "static security" to "dynamic security" development, opened a new chapter in property law. However, due to the limitations of the times, the shackles of traditional morality, for the source of illegal trade of stolen goods can not be applied in good faith a long time to achieve a system, which limits while maintaining the traditional values of social transactions to allow the transaction in an unstable society state. To solve this problem, to break the bottlenecks in trade, give full play to the Bona Fide Acquisition of considerable economic significance, I believe that should be changing today, to face change and development of the objective external environment, stolen property does not apply to re-examine the reasons for access to the system in good faith, on this basis stolen goods is widely recognized around the Innocent.The paper consists of four partsThe first part are general introduction of system. The author of the Roman law introduced the "made in good faith protection" theory and Germanic law "to hand hand " rule, that the system is made in good faith based on the theory of the two produced, and the law in the future evolution of the final confirmation down. Innocent then introduced Elements and there is basis for access to the system is a good thing in the possession of the rights embodied in the appearance of an affirmation and support the person in possession of the property rights of others a kind of table look like, what happened based on this representation relationship should transfer the rights protected by law, in real life, good access to the system to maintain the normal trade order, reducing the waste of social resources, and promote the development of commodity economy.The second chapter describes the different legal systems of the stolen goods in good faith of. Stolen property in good faith of the introduction, the first clear concept and scope of stolen goods, defining the characteristics of stolen goods, stolen goods is a specific material, not including the right to obtain the substance through illegal means, the person in possession of property occupied property with illegal property. In dealing with the issue of stolen goods, our laws reflect the varied, erratic phenomenon, different times, different legal provisions of the stolen goods were inconsistent with the provisions in good faith of the whole, showing a more chaotic. The former Soviet Union and other countries, on the stolen goods taken in good faith to obtain the absolute treatment do not apply blindly to protect property "static security" and ignored the property of "active security" protection of marginalized in the international arena. In Japan, France, Germany, Switzerland and other countries, recognition of stolen goods in general use Innocent, in exceptional cases excluded. This approach not only made the system played a good advantage, but also take full account of the complexities of commodity trading, as recognized by most countries. In the United States, Italy, Britain and other old capitalist countries, is fully applicable to bona fide acquisition of stolen goods, which caused extreme approach widely questioned by mainland scholars.The third chapter presents the author point of view:booty acquired in good faith should apply to the system conditions. The reason for acquired in good faith do not agree with stolen goods, some scholars believe that the material loss is due to the original owner due to his neglect of care should not be their protection. Some scholars believe that the possession of the power lost from the material can not control the risk, should protect their interests, acquired in good faith can not be applied. Some scholars believe that the stolen property acquired in good faith is a threat to traditional morality, should not be supported, and some scholars believe that the stolen goods is only a small part of the material transactions, can be ignored, no need to use special law shall regulate it. For these views, I have eleven to assessment and draw negative conclusions. Stolen goods for acquired in good faith, the Property Law Public Credibility Principle embodiment of civil law principle of fairness necessary requirement is to maintain transaction security, stability, trade order and need, should legislation clearly stolen goods can be applied to acquired in good faith, but in special circumstances, such as monuments, the only thing made in good faith can not be applied. At the same time when the applicable criteria of good to pay attention. Looking back made for the phenomenon, the same applies to Good.The fourth chapter, the author acquired in good faith to improve the problem of stolen goods to make some suggestions. First, starting from the strategic level, as soon as possible in the form of specific provisions of law applicable to stolen goods acquired in good faith. Second is the claim back again under the provisions of the changed circumstances. Third, we should pay attention to the protection of rights of indigenous people.