System Of Bona Fide Acquisition Of Booty In Criminal Law

The article 106 of the Property Law states bona fide acquisition,and the article 107 states the acquisition in good faith of lost property,but does not contain booty which leads to no conclusion.However,with the booming market economy and commodity trading,the flow of booty into the market has been a general fact.It become a difficult point in judicial adjudication Whether bona fide third party's rights and interests can be protected by law when they have bought the booty.At present,there has a lot of discussion in academic about bona fide acquisition,but mostly in civil field,the criminal field is rarely involved.Combining the problems existing in practice and based on the right appearance theory,the essay advocates that the booty can be obtained in bona fide acquisition on categories.Taking legal provision of Foreign countrier as lessons,the essay would provide suggestions to perfect bona fide acquisition of booty in criminal law.In the first part,the paper presentations the logical starting point of bona fide acquisition of booty.Firstly,this article defined the booty,this paper discussed the connotation and extension of the stolen goods,and then introduces the theoretical basis in good,finally further analysis the essence of the stolen goods in good value appeal is based on transaction security,in the reasonable allocation of risks between the oblige and the third person in good faith for the system design of the core,is the interest measure and value judgment of law policy choice.In the second part,a comparative research and analysis on bona fide acquisition system of booty.Detail from the perspective of comparative law,examines the extraterritorial criminal legislation about the stolen goods in good cases and civil legislation examples,and examines the current laws and regulations related to stolen goods in good,analyses about the defects of the stolen goods in good,outside the three legislative cases for reference of advantage for the subsequent law perfect.In the third part,the well-meaning of the booty in our country has been a controversial and practical dilemma.In this paper,we discuss the theories and theories about the good intentions of the booty,and compare the theories of the theory,and the conclusion of the argument.To introduce the judicial referee in three real cases of booty in good in combination with the practice of case analysis practice existence dilemma,points out that the judicial practice needs to unified regulation system of booty in good guides the work of the court's trial.In the fourth part,the good intentions of the criminal law in Chinese Criminal Law.Based on the special properties of the booty,advocated in the criminal law provisions of booty in good and analyze its rationality,and further put forward the improvement of the criminal law of booty in good path,from the constitutive requirements shall be applicable to the regulation of the booty in good,and the cognizance of booty in good authority is the people's court,also stipulates that the third party rights are violated when the means of relief.