Bona Fide Acquisition On The Stolen Property

With the rapid development of China’s current market economy，the transferof property，endlessly，commodity trading are more fields and space frequently.Changing opportunities in the information age，the parties engaged in commoditiestrading is difficult to know whether the other items occupy their ownership，it isdifficult to verify. Under normal circumstances，require the parties to ascertain therights of every transaction object is true，it is not realistic. Life often occur，theproceeds of crime suspects stolen goods sold at below market price，and many thirdparty unrelated to the case of purchase or acceptance of the goods without knowingit. Criminal justice practice，but also often encounter cases when public securityauthorities to trace the whereabouts of the stolen goods and the whereabouts of thestolen goods have been suspect to transfer the case of a third person without theknowledge possessed by the civil transactions. This creates a "booty acquired ingood faith" issue."Booties"， short theft，illegal possession of stolen things，are generally notdifficult to understand its meaning. The "goodwill" has made an important propertyis the civil law system，is the recognition of the security of property rights underthe premise of the fundamental principles of law in order to protect the property，at the expense of the legal situation of ownership at the expense of safety to protectthe safety and property transactions a system. Bona Fide Acquisition is an ancientsystem of civil law，the regime for the protection of the interests of bona fide thirdparties， maintaining transaction security， and promote the circulation ofcommodities， increasing material wealth of society， has a very importantsignificance. Particularly with regard to stolen property acquired in good faithcould be applied research institution，has a special significance. Traditional theoryholds that bona fide acquisition system applies only to possession entrusted notapply to stolen goods，possession of lost property and other objects out. Can booty acquired in good faith with respect to the system applicable，national legislativeprovisions vary. Germany，France and Japan，Taiwan，China and other civil lawcountries and regions，"Can booty acquired in good faith，" this issue，generallyconsidered stolen goods are generally not made in good faith，but with the openingof national markets and market trading in stolen property transactions made ingood faith frequent study of stolen goods in good faith the world has further startedrestrictive or conditional recognition booty acquired in good faith.China’s"Property Law" clearly provides a bona fide acquisition system，but the question ofwhether the applicable booty acquired in good faith but not defined. Criminaljustice practice is the use of the criminal judicial interpretation on stolen goods，handling this issue.As a result，a lot of academic and judicial dispute this.This paper argues that the system design is made in good faith in order to givepriority to protect the security of transactions，the margin is when people have noright to dispose of the right to dispose of the property of the original in a safemovement of all static security and assignee，in which trading occurs conflictsecurity when the value of acquired in good faith that the law at the expense of theoriginal owner of the static，dynamic and protect the interests of bona fide assignee.If the buyer to purchase stolen goods in good faith and reasonable for the pricepaid， and confiscate their material purchase， not on the price to pay anycompensation，without any protection of the interests of the buyer，it will causepeople to not work properly bold to trade fair suspect transactions，loss of trust inthe legal system of the transaction，the result will ultimately harm the interests ofsociety. In the transfer process of socio-economic，public should take precedenceover private interest，acquired in good faith transferee transaction is closely relatedto the interests of society，it reflects the collective interests of the general public，and the interests of the original owner of a personal interest. It should be said，theinterests of the rights of indigenous people are not higher than the social securitybenefits of the transaction. Development of market economy requires a modelappropriate to the legal system to match，if you blindly protect the interests of the real human rights， denial reliance interest trading partners， it will result ininefficient market transactions，is not conducive to the transfer and distribution ofproperty.In this paper，a comprehensive analysis，comparative analysis and empiricalanalysis to obtain a three-pronged problem of stolen goods in good faith werestudied. First，from the nature of the goodwill acquired in good faith basis to obtainlegal recognition should be the logical result of the credibility possession，stolenproperty and also a general matter，in line with the trading rules of civil matter，and thus have the right to like to say outside the scope of the theory. Second，froma legal relationship acquired in good faith，the goodwill acquired within the scopeof civil legal relationship adjustment，the legal effect of the transaction bootyacquired in good faith，the use of criminal law to solve，do not meet the legal logic.Third，from the perspective of the value of acquired in good faith，goodwillacquired formulate laws intended to protect the property of dynamic security andaccelerate the transfer and development of market economy and property. Stolenand lost property，like flotsam，as everyone from the object is not meant forpersonal property and the transfer of some West European countries in the dirtacquired in good faith to resolve the issue，conditionally or unconditionally madeprovisions worth our reference.Thus，we believe that good intentions can get stolen. But in view of the specialsocial stolen property，we believe that treatment should start from three aspectsbooty acquired in good faith to resolve: First，clear the subjective good faith，therewould be excluded negligence，negligent treatment should take a zero toleranceapproach； the second is the legislative provisions should not be fuzzy concept，butshould be interpreted in good faith to achieve the object of the object；the third isstolen property acquired in good faith if it involves the country，the situation is amajor collective interests，not in the scope of application.