The Study On The Bona Fide Acquisition System For Stolen Property

Bona fide acquisition of a property means that,which there is no disposition rights in violation of the provisions of the law will be transferred to a third party,if the transferee of the property of the buyer to obtain the ownership is well-intentioned,so he can be the ownership of the property.The system is an important civil system,which along with the development of commodity economy and in order to adapt to the needs of Commodity Exchange.In its phylogeny,it has been a very important problem that if secession goods possession is legal,especially the problem of stolen goods in good is more difficult to solve.Law to solve this problem only exists in the judicial interpretation of criminal law field,and in the property law,it will be stolen goods out of the scope of application of good faith,failed to be explicitly its legal attribute,so in practice when applicable,may be due to the different parts of the judiciary differences lead to different understanding of the judicial interpretation.Stolen goods in good is a problem to make certain the recovery of the ownership of the goods belongs to the third party acting in good faith or not.The issue of legal relationship is essentially belongs to the field of civil,so the civil law shall,in particular the property law to regulate.After stolen goods is in good inevitably appear certain legal effect,always leads to a holder of the rights and interests are violated,but this time in the related obligee's legitimate rights and interests are violated,how should apply the law relief way to better balance the overall interests is also a very important problem.Good faith system was designed to balance the interests between the obligee and the third person in good faith,and the implementation of the system is bound to cause reflective of the consequences and that is the holder of the loss of rights,of course,it is alien to the fair principle of civil law that if deprived of the rights of a party without get the corresponding compensation.Although the system in a certain extent,make the interests of the holder of the original not be protected,it maintain the transaction security and the market economic order.The overall interests,obviously is higher than the original holder of individual interests,so should be preferentially protected.In the current market economy high speed development today,with frequent trading behavior,build an institutional system for stolen goods in good problem is imminent.So to improve the system of good faith and as soon as the relevant laws,we establish and improve the applicable of the specific element of the good faith system such as stolen goods and the holder of the relief procedure of concrete building,from its legislative institutional analysis to better effective to meet the needs of today's social and economic development.As the basic law,the property law has its mission to make clear the final belonging of stolen goods,especially to be strictly defined on the standard of identifying a goodwill,at the same time to determine an appropriate period on the exercise of reply claim and more in detail to the goodwill of the scope of specific items to the specific provisions.It is an important feature of the modern civilized society to guarantee and achieve citizens' right to know.But in the involved property,the program is not open,which cause that it cannot fully protect the legitimate rights and interests of a third person on the program.There is no specific protection for the third person in good faith of the litigation procedure in our country,because our country law has not stipulated the judicial authorities shall have the obligation to inform when the third party rights may be violated.so,in view of this,the author has conceived of the procedures of holder of the relief program,put forward some concrete suggestions,which may play a small part in building a legal system in our country.