On The Bona Fide Acquisition And Application Of Robbery Loot

Bonae fidei acquisition is a very important rule in the civil law,which originate from"Hand muss Hang wahren"principle in Gemanic law, and flourish after taking in the component conditions of good intention of prescriptive acquisition rule in Roman law,based upon the theoretical foundation of the publicity of occupation.It is widely accepted by the civil laws of so many nations because it can protect the security of transactions,stabilize the economic order,speed the commodity economy. However,there are diversities in theory and practice about whether spoils and booties can be acquired by the rule of bonae fidei acquisition . This article refute"the theory of fault","the theory of thrift","the theory of offensiveness",which hold that the rule of bonae fidei acquisition doesn't suit spoils and booties,and which uncover the defects of the theories mentioned above,and the uncertainty of the theories according to foundamental rules of law. Such refutations start with the theory and the value of bonae fidei acquisition,based on practical investigation ,referring to the sciences of crimes and criminal investigation,adopting the methods of contrast,the analysis of legal economy,legal analysis of the society. Though the legislation of our countriy have not established the rule of bonae fidei acquisition as a whole,It is confirmed by legislative and judicial practice,affirming the proction of the third person'sbonae fidei acquisition of booties and spoils. Bonae fidei acquisition of spoils and booties accord with the component conditions and orientation of value.It safeguard economic order of the society ,serve the value judgement of the public in their hearts,meet the demands of social devement by protecting the benefit of bonae fidi emptors and ensuring the benefit of all potential trading subjects. But bonae fidei acquisition of spoils and booties can't be made extreme ,it must be strictly measured by comprehensively analyzing the circulating process of spoils and booties, e.g. the holders of spoils and booties,methods of acquisition,the social environment of the localities,to make sure that it may not harm the benefit of owners and deviate seriously from the traditional feelings of legality of the public by protecting the transaction security extremely.