Research On The Bona Fide Gain System For Stolen Goods In Our Country

The bona fide gain system was acknowledged by the Real right law of the PRC which was promulgated in2007, however whether it is suitable for stolen goods to stipulate this system remains unclear. In regards to the application matter of the stolen goods in our country, Criminal Law, Code of Criminal Procedure and Public Security Administration law basically form the foundation for people to claim their rights. According these laws, once the stolen goods are recovered and such cases go further, the legitimate rights and interests of the bona fide assignee are conventionally ignored. Besides, handling of such cases is usually too simple and improper under the guidance of these laws. And with the continuous development of China’s market economy, further exploration and doubt on "whether the bona fide gain system should also apply to stolen goods" thing will continue. Therefore, a research on this matter which is based on Property Law is absolutely needed. Second two analyzes the legal subject of stolen goods bona fide gain system and summarizes its special behavior. The paper is divided into four chapters to explain his own point of view, first Introduction stolen goods trading case leads to the problem and a brief introduction to the theory controversial point of applicability for the stolen goods acquired in good faith.The first chapter of the first is the definition of the concept and scope of the stolen goods, and then the national legislation of the world were summarized and classified as negative applicable certainly applicable and distinction for three legislative model articles of law and legislative reasons to explain bona fide acquisition of stolen goods on China to provide a reference. The second chapter is a bona fide acquisition of stolen goods legislative status and which defects. If you want to solve an existing problem, we must first understand his limitations before they can prescribe the right medicine, where it is necessary to conclude and summarize the legislative and judicial interpretation of stolen goods in good faith, based on the basis of the legislation of other countries in the second chapter reference of the existing legislation on which unreasonable. The third chapter is applicable to stolen goods acquired in good faith reasonable analysis, mainly divided into two sections, the first section is applicable against stolen goods acquired in good faith theory refuted one by one, section Ⅱ of the stolen goods for acquired in good faith reason. Finally, the fourth chapter of stolen goods acquired in good faith System in this chapter is divided into two parts the first part of Article107of the "Property Law" explained concluded107NA stolen goods acquired in good faith that we shall106strict rules on the basis of all aspects of the stolen goods acquired in good faith. The second part is applicable to the stolen goods acquired in good faith the main aspects of the objective and other special behavior were analyzed and summarized the final conclusion.