On The Bona Fide Acquisition Of Stolen Goods

In 2007 China promulgated "People’s Republic of China Property Law", for the first time established a bona fide acquisition system, and to deal with the problem of the lost property ownership, personal property and other special objects buried made a special special chapter, but the end is not right after the transfer of stolen goods attribution be provided. Increasingly frequent market trading today, loot into circulation is not uncommon, and their goods stolen property itself is concerned, and there is no essential difference between general merchandise. Bona fide purchaser of stolen goods purchased through formal legal channels, conduct and results of the transaction should be treated equally in this law, but the issue has been debated, leading to practical problems involved in the ownership of stolen goods difficult to have consistent results This paper will expand the discussion on this issue.The author defines a whole new meaning to the stolen goods as a starting point; acquired in good faith or failure of several major legislative Cases Review and Comment on stolen applicable worldwide, summarizes the theoretical differences that exist in our system, and theoretical study of the differences is the question solve the problem of power; therefore, the author attempts to demonstrate the negative views lack booty acquired in good faith in accordance with applicable and desirable from the legal justice system is fair, consistent with bona fide acquisition system inherent functional requirements, to meet the needs of private law-based society and to avoid the legislative purpose fall four legal point of view, demonstrate the feasibility of the system can be applied; and finally, combined with our booty acquired in good faith and practice of the legislative status quo issues, propose legislation to improve and build views of the system: "chattel" booty acquired in good faith that they meet the general system Elements can apply acquired in good faith, and this system should interpret the provisions of the law of property law among real property "stolen" because of the difficulty to "dirty" is not applicable acquired in good faith, as our national legislation transplant from his reply to a request from right system, because the system both in the starting period, the definition of "open market" principle or in terms of the original rights holders and the interests of bona fide trade-offs between the buyer and protection, are not difficult to achieve the expected operational and legal effect, Thus, I propose a bold personal opinion, that is, the system in our future booty acquired in good faith in the system of legislation should be completely abolished.