On My Good Faith To Obtain The Improvement Of The System

There has always been a heated debate on"property abuse". How to balance the interests of property owners and the other party in good faith seems to be a paradox. Since Property Law was passed in 2008, this impossible question seemed to be solved with the implementation of Third Acquisition in Good Faith. However, the application of this system is not perfect, as concerned as the system's own shortcomings and difficulties in judicial practice, making the practice of operations such as "property abuse" as appeared. Abuse of the system, and because of the right to possession is separated with the general state, that the improper application of the system easily lead to hurt ownership of the rights of indigenous people (ie, static security), at the same time, legislation to protect bona fide third (that is, dynamic security) has been the original intention of provocation, based on the appearance of the two major advantages and transaction security system based on good faith to obtain a severe crisis, then how to balance theory and practice in the quiet of a move of the conflict, In the first of prohibiting the abuse of the purpose of property, while the third person to prevent abuse of the system acquired in good faith to ensure the legitimacy of its application, the need to establish a lawful and reasonable rules of conflict resolution. Establishment of the system acquired in good faith is not only the choice of market economy, but also security in dynamic and static security after the game to find a balance in the game process, the law faces a dilemma. Because in this conflict, concerned not only the value of the loss and the prevention of money, more publicity in the property of moral choice. And, how to determine the degree of both dynamic and static problems, the law also will make very difficult choices, and this selection process is dynamic and static conflict, game and compromise the process, and thus a fair interpretation of tough battle with the order, from the point of view the existing rules and norms, the law will eventually be the scales of the order and efficiency representative of the dynamic security (the so-called establishment of the system acquired in good faith). On this basis, how to ensure that this tilt is not abused, then, subject to the provisions of the Bona Fide Acquisition positive outside the system, taken in good faith in the process also should be noted that for the system can not be acquired in good faith, such as free transfer of the applicable exceptions. Starting from the basic definition and value of Bona Fide Acquisition System, this paper makes comparison between different systems in China and foreign countries on the basis of Bona Fide Acquisition, explores the shortcomings of Chinese system in the balance between static and dynamic safety in order to improve the Chinese Bona Fide Acquisition System.