Research On The System Of Bona Fide Acquisition Of Loot

The system of Bona Fide Acquisition is very important to preserve the safe of tradeduring the development in ancient times, the middle ages, modern and contemporary times,deriving from the principle of "Hand Muss Hand Wahren" in Germanic Law. In China,the system of Bona Fide Acquisition was admitted in Property Law implemented in2007, which stipulates that the lost property could be gained with goodwill. Therefore, theloot is a kind of market circulating property, whose native is as well as the goods in marketeconomy society. There is public trust in bona fide third party' possession with goodwill.There is an urgent and practical demand to protect interest of bona fide third party.Property Law avoids the regulations related to the system of Bona fide Acquisition of loot;it is not easy for us in practice how to deal with the loot. In criminal cases, the offenderstrade the loots in the normal market or pay the loot for the debt. The unknown bona fidethird parties buy or accept the loots. Then it is necessary to affirm the system of bona fideacquisition both in legislation or judicatory.The bona fide of loot means that the acquirer without right to dispose transfers theconcession to the bona fide third party. Even though the concession is the loot, the systemof bona fide acquisition still works. The bona fide third party gain the ownership of theconcession, the original owner has no right to recovery the ownership. Nowadays, thereare three legislative models of the system of bona fide acquisition of loot in differentcountries: totally not adaptable legislative model, fully adaptable legislative model andlimited affirmative legislative model. The totally not adaptable legislative model can notserve the modern market trade and the fully adaptable legislative model sacrifice theinterests of the original owner. The limited affirmative legislative model givesconsideration to the dynamic safe and static safe of the ownership of property. At the sametime, from the angle of legal economy, the limited affirmative legislative mode spends theless cost and gains the effects of benefit maximization. It is the best choice to perfect ourcountry's system of bona fide acquisition of loot. In ancient China, the application of the system of bona fide acquisition of lootdeveloped slowly and hardly. The system of bona fide acquisition of loot was stipulatedfor its advancement in the laws in the Late Qin Dynasty and the Republic of China, but thelaws did not play a role in that backward society. Before the implement of Property Law,we did not stipulate the system of bona fide acquisition of loot in the laws clearly, whichcauses the chaos and conflicts in deal with the question. The Avoidance of the system ofbona fide acquisition of loot in Property Law makes the eager require of affirmation bothin legislation or judicatory. Based on the limited affirmative legislative mode, we shouldstipulate the constitutional elements and results of the system of bona fide acquisition ofloot. Overviewed the foreign legislations and our practice, it is necessary to stipulate therecoverable petition right of original owner outside the constitutional elements, preservingthe balance of participants' benefits in most degree. We also should limit and regulate theapplication and term of the recoverable petition right of original owner. On the researchand analysis, we expect to stipulate the system of bona fide acquisition of loot in our civillaw, improving the scientific and reasonable nature of law, protecting the effectiveimplement of civil law and promoting the justice and efficiency in the social economy.