On The Bona Fide Acquisition Of Stolen Goods The Practice Demand And Legal Perfection

The system of bona fide acquisition by Germanic law principle of "hand in hand" evolved,timeless,has become an important system to protect the security of transaction.China in 2007 issued the "property law" formally established the system of bona fide acquisition,and the lost property restrictions on the bona fide acquisition made clear,but to loot the bona fide acquisition system has made a skirt.Bona fide acquisition of stolen goods is in essence in stolen property ownership of the "static security" and "dynamic transaction security" to make a balance of interests between the product.In today's highly developed market economy,the circulation of the goods for goods and physical attributes of its own and there is no difference between the general merchandise,as part of the market circulation is undeniable objective reality.In this case,the third person in good faith the demonstrative principle of real right based on the stolen goods,produced a realistic problem of the bona fide acquisition of stolen goods.The bona fide acquisition of stolen goods problem is not only related to the "property law" and other civil legal norms,also with the relevant provisions of the criminal law and is closely related,especially the judicial Zhui Zang system and practice of our country.It is because of lack of legislation and theory on the dispute,resulting in the judiciary practice facing various difficulties in stolen goods.How to break? Based on the domestic and international comparative analysis of the bona fide acquisition of stolen goods on condition and the mode of legislation that limit the application of the bona fide acquisition of stolen goods balance the legislative mode of the property "static security" and "dynamic transaction security",it should be the best choice of perfecting the system of bona fide acquisition of stolen goods,and break the judicial practice ZhuiZang dilemma fundamental way.This paper is divided into five parts,around the fide booty put forward problem,analysing the reasons and significance,and on this basis for our final confirmation of the bona fide acquisition of stolen goods in legal institutional framework to build,draw on the blueprint,put forward relevant legislative and judicial suggestions.Thefirst part is the real case in practice leads to various difficulties currently facing China's judicial organs in stolen goods in practice,and in-depth analysis of the causes behind the predicament of stolen goods,stolen goods in good faith the theoretical disputes and the lack of legislation.The second part and the third part once again cited legislation typical case in practice at home and abroad on the bona fide acquisition of stolen goods in theory,research status,status quo and legislative mode for comparative analysis,pointed out the advantages and disadvantages of various legislative modes,for reference.The fourth part focuses on the theoretical foundation of the system of bona fide acquisition of stolen goods and the positive significance of the construction of our country,for the bona fide acquisition of stolen goods for the theoretical and practical support.The last part of the paper,in order to obtain the system outline design blueprint for the construction of bona fide acquisition of booty China,put forward the suggestions of perfecting the relevant laws and regulations,and to seek some relief path for the judicial practice of the rights of indigenous people in the framework of the system of bona fide acquisition of booty,and painted with intact China characteristics of bona fide acquisition of stolen goods.