Thinking About The System Of Acquired In Good Faith Of Booty

In sexual crimes against property, criminals loot after circulation after transfer to bona fide third parties, faced with the rights of indigenous people and the rights of bona fide third parties clash between. How to effectively solve this ownership dispute, on the surface, is a cross-shaped China issues essence, is a civil law judge received tenure issues. But China’s current absence of relevant laws and regulations, the existing provisions are only a few scattered criminal regulations, judicial interpretations among the provisions of this should be "Property Law" on the issue, but chose to avoid, but in reality frequently swag flow behavior led to judicial justice on stolen goods and the many confused. Practitioners appeal for lack of empirical research and not enough attention, Therefore, this paper combines the judicial practice of the bona fide acquisition of stolen goods some discussions with a view of our system established bona fide acquisition of stolen goods, and even of the "Property Law" perfect benefit.This paper is divided into four parts.The first part is the basic theory of stolen goods acquired in good faith. Is divided into three, namely, the concept of stolen goods, bona fide acquisition system for issues such as stolen goods acquired in good faith to discuss the basic theory. By exploring the main problem is to figure out what is stolen and what is acquired in good faith, which is part of the booty acquired in good faith can be applied in order to make the analysis below theoretical groundwork.The second part is the legislation of stolen goods acquired in good faith. It is divided into two, a study mode extraterritorial legislation, another section is on China’s existing relevant swag bona fide acquisition legislation to sort out the situation, summarized and analyzed. Through comparative law research methods to analyze the advantages and disadvantages of various legislative cases in order to obtain the following system of stolen goods in good faith to build valuable reference information. The third part is the booty acquired in good faith judicial confusion. Judicial practice primarily in the field of real estate and real estate problems encountered in the field of the form of case presented, indicating why the practitioners called for bona fide acquisition of stolen goods as soon as possible unification, mainly judicial practice needs.The fourth part is to establish our bona fide acquisition of stolen goods in China. Analysis of the first to establish the necessity of bona fide acquisition of stolen goods; Section Ⅱ booty acquired in good faith to build the system analysis. That can take booty acquired in good faith compromise model legislation with reference to the civil law model, cf legislative model of lost property, taking into account the provisions of general goods acquired in good faith in property law...