Research On The Acquisition In Good Faith Of Thief Booty

Good faith acquisition system, to adapt to the needs of thedevelopment of the commodity economy, all the main countries in the worldin the Civil Code can be established. In2007, China promulgated theProperty Law which had formally recognized in good faith acquisitionsystem, but it is a pity to steal thief booty is applicable good faithacquisition of this important problems do not explicitly stipulated. Atpresent, China still does not have special law apply for the handling ThiefBooty, but for the interpretation of the rules of related department.These provisions and explain often exist under the condition of theexcessive explain to, and the existence of the department interests whichlead to steal the processing of stolen goods to purchase the goodwill caseconfusion and arbitrary. With the constant development of economy, thelack of legal basis has obviously can’t meet the need of the marketeconomic development. Therefore, it is necessary to have the furtherresearch which about the good faith acquisition of thief booty in theProperty Law.Based on the good faith acquisition system as a starting point, in four chapter of stealing good faith acquisition of thief booty analyzesand expounds the problems, and the good faith acquisition of thief bootyin the legislation of stolen construction are proposed.The first chapter is the basic theory of good faith acquisition ofthief booty. This chapter is divided into three parts, and discussed thegood faith acquisition of basic theory, stealing the concept of stolengoods and scope, stealing the value of good faith acquisition of stolengoods system respectively. Through the discussion, firstly have a commandabout the good faith acquisition system，secondly also have a clearlyconception of thief booty and scope, finally shows the good faithacquisition of thief booty value of system itself, as well as theestablishment of the system of necessity.The second chapter mainly introduced the legislative model of goodfaith acquisition of thief booty in the world. this chapter is dividedinto three parts, the relevant legislation to summed up the way toclassify examples out of the denial, affirmation and compromise, threelegislative models of good faith acquisition of thief booty。In thelegislative mode, analysis and explain the related law. Through the threelegislation pattern analysis, we can define the legislative model; thedisadvantages in good faith acquisition of thief booty for stealingconstruct the system of providing reference.The third chapter is about the analysis of the current situation. Ingood faith acquisition of thief booty this chapter is divided into twoparts. The first part mainly introduces and analyzes the handling thiefbooty in China at present. According to whether the stolen goods areapplicable to steal good faith acquisition or not, spread the legaldocuments in the relevant provisions respectively, the second partdiscusses on the basis of first part, show the defects and shortcomingsof the good faith acquisition of law of thief booty stealing. The fourth chapter is about the construction of the system in goodfaith acquisition of thief booty. The chapter is divided into two partsthe first part mainly discusses the necessity of establish in good faithacquisition of thief booty system, but also shows the meaning of thissystem. The second part put forward the ideas of thief booty faithacquisition in China. That can be stolen by the good faith acquisitionof thief booty compromise model, in property law to steal and lost propertystolen goods with codes. At the same time, clear up the rules andexplanations.