System Of Bona Fide Acquisition Of Stolen Goods

The acquisition in good faith system is an ancient system of civil law, occupies a very important position in the modern civil law and common law in civil law. Bona fide acquisition system for the protection of the interests of bona fide third party, the maintenance of transaction security, promote the circulation of commodities, increase the material wealth of society, it is very important to. Especially about the bona fide acquisition of stolen goods, related to the normal market transaction. Taking into account the stolen goods itself attribute and legal attribute, safeguard the security of transactions, the balance of economic operation, to ensure fairness principle be imperative, therefore, will study the stolen goods whether to apply the bona fide acquisition problems should be put on the agenda. In view of three different approach to the problem of current legislation, combined with the legal situation in China, this paper attempts to explore from different angles, make some legislative ideas of stolen goods to the bona fide acquisition system.This paper is divided into six parts. The first part is the introduction, introduces the research status of the topic of the research background, research purpose, research significance and research methods at home and abroad; the second part introduces the basic theory of bona fide acquisition of stolen goods stolen, is mainly the basic concepts and characteristics about the stolen goods, the classification problem, the concept of thief booty and made the definition of different angles, also on the different classification of the stolen goods are described, in addition the stolen goods in China also elucidate the ZhuiZang significance; the third part analyzes the necessity and feasibility of stolen goods to the system of bona fide acquisition, namely the reason on the stolen goods whether to apply the bona fide acquisition system reason and be able to implement, respectively with in-depth analysis and demonstration; the fourth part introduces the different legislation about the stolen goods is applicable to bona fide acquisition system, is mainly directed against the various countries about the stolen property acquired in good faith of the legislation, namely the negative, positive, three compromise model. At the same time, a detailed analysis were made in the investigation of different legislative cases; the fifth part introduces the current system of our country about the stolen property acquired in good faith and points out the existing problems in the system of. Which mainly aims at the legal status of stolen goods stolen our acquisition in good faith, is not applicable to bona fide acquisition, bona fide acquisition, conditionally applicable legal documents of bona fide acquisition is analyzed, on this basis, draw the existing problem and deficiency. The last part introduces in view of our country about the stolen goods is applicable to bona fide acquisition legislation ideas and legislative choice to make. First of all, combined with our different academics theory shows that at this stage can choose the direction; secondly, to suggest the stolen goods conditions applicable to bona fide acquisition of this choice makes the theoretical analysis; finally will respond to this concept into the right of claim, scope of application in detail of the petition and the stolen goods conditions applicable to bona fide acquisition should type differentiated from. I hope these personal analysis to of our country the stolen goods of bona fide acquisition system to further improve the meager strength.