Construction On Bona Fide Acquisition System Of Thief Booty

The real right law of china stipulates bona fide acquisition and expands the applicable scope from movable to immovable property, the applicable object from ownership to his property, and also stipulates the bona fide acquisition of lost property. But after repeated wandering and hesitating, the bona fide acquisition of thief booty eventually is excluded from the real right law. However, with the frequent of commodities trading, thief booty enters into current field through various channels, the person purchases the product through legitimate transactions without the knowledge, whether the law should protect it has become a debate in the theory and practice. The paper investigates foreign legislation, and combines with china’s legislative status and judicial practice, limits the strict composition of bona fide acquisition of thief booty, bases on the rule of trust protection.it is necessary and legitimate to stipulate bona fide acquisition of thief booty in civil law. then makes legislative proposals.The first part is about the basic overview of bona fide acquisition of thief booty. Firstly introduces the concept and origin of bona fide acquisition, then defines the concept of thief booty. Because it involves in the criminal activity searches out thief booty, and often ignores the buyer’s interests, analyzes the relationship between criminal activity searches out thief booty and bona fide acquisition, there is no conflict between them.The second part is about the comparison of the bona fide acquisition of thief booty at home and abroad. By comparing the legislative situation of the bona fide acquisition of thief booty at home and abroad, due to the lack of clear legislative provisions that deal with thief booty in our country, it highlights the various defects in the judicial practice, so it must be clearly defined in legislation and judicial practice. The third part is about theoretical issues of the bona fide acquisition of thief booty. Analyze the academic dispute of the bona fide acquisition of thief booty, it is obvious inappropriate that thief booty is excluded from the bona fide acquisition. In the developed market economy, admit the bona fide acquisition of thief booty is general direction, and demonstrates reasonable from a methodological point of view, then describes legal value of the bona fide acquisition of thief booty.The fourth part is about the constituents of the bona fide acquisition of thief booty. This section firstly analyzes the general constitutions of the bona fide acquisition of thief booty, and as the special objects of thief booty, illustrates three key elements about the goodwill and open market principles, petition right, claims that the bona fide acquisition of thief booty must accordance with the general elements, the premise of open market is also the major premise, and analyzes the reason why it doesn’t need to set petition right.The fifth part is about legislative proposals of the bona fide acquisition of thief booty. Firstly analyzes rule of trust protection is the legitimacy reason why thief booty is apply to the bona fide acquisition.which is described the conflict and coordination with the rule of autonomy. To differences for academics to gain understanding for the lost property is applicable to goodwill, then re-interpretation the relationship between section106and section107of the property law, it is significance to how to choose a legislative model of the bona fide acquisition of thief booty as the lost property. The last makes some legislative suggestions about bona fide acquisition of thief booty.