| Good faith acquisition is an old system to protect the transactionsafety. The system protects the interests of the bona fide assignee while the interests of owner is abandoned. In the legal field, both the interests are worth to protect. However, when there has sharp conflict between the two we need make a choice which is very difficult. Although the circulation of thief booty is forbidden by law, it is actually exist in the circulation link. There is no definite rules in the property law on whether the thief booty applies the good faith acquisition. This phenomenon is closely related to the legislative background of our country. The missing rules does not mean the solution. This thesis details the thief booty of good faith acquisition and analysises its historical evolution. And then proposes the thief booty of the good faith acquisition in our country with the foreign experience of legislation and its significance.The enaction and amendment of law should meet the corresponding requirements of social development, only by doing this can the law better promote the development of the society and the individual in the society enjoy the welfare of social reform and development. In the process of balancing interests, the law protects profits, as well as damages another interest. It will be difficult to make the interest measure and value choice when the two kinds of interests both are legitimate, or both need be protected by law. However, it is necessary to make such value judgment for solving social disputes and contradictions. there is such disputes existing in the issue of the stolen goods in good faith. It is important to draft the corresponding law to resolve conflicts and balance the interests of the owners with a third person in good faith.This article from the perspective of interest measurement, by the using of contrast analysis and the empirical analysis, discusses the scholar’s viewpoints on the stolen goods in good. And then details the idea of stolen goods in good and analyzes its constitution and legal effect. In essence, the good faith systemis the product of a balance of interests. This idea lays a foundation for the analysis of the full text. On the applicable scope of the good faith system, the theoretical circle is controversial,the reasonable restrictions of the scope of application and the concrete in application can better reflect the value of this system and maximise its social effects.The enaction of law is closely related to their own national conditions, however, the development of the society has its specific laws and the rules between different countries are in common. By using comparative analysis of foreign related legal affirmation, sorting out the negation in law different value choice, revealling the good faith system specific system model is not immutable but a balance of interests according to the specific cases and the reality, we can find and solve the problem. The paper analyzes the present legislation and judicial practice of the stolen goods in good and combines with the typical case, affirms the significance of tolen loot goodwill.Stolen goods in good is not only a problem in the history of the property law, but also involved in criminal law and the relevant provisions of the applicable. The issue which is directly related with the stolen loot is to recover stolen money or goods system and the dirty distribution behavior in the maket. Stolen goods is caused by the crimes involving property one of a series of subsequent behavior. The reasonable regulation of stolen goods is beneficial to clarify the legal relationship and balance the relationship between criminal law and civil law, and provide a bridge of communication for the specific problem between them. Define the stolen goods in good can link the civil law and the criminal law and provides a reasonable way to solve this problem. The perfection of the legal issues is not only can make up for the civil legal loopholes but also can promote the development of criminal justice. |
PDF Full Text Request