On The Bona Fide Acquisition Of Stolen Goods

The bona fide acquisition of stolen goods is an important part of Bona Fide Acquisition System in civil law,which basically belongs to civil legal relationship.However,the legislature of our country always insists that whether the bona fide acquisition,the transaction security and the maintenance of the transaction order for stolen goods can be solved by other laws,which is no need to stipulate in the civil law.This kind of consideration is not appropriate.In practice,the norms to deal with the bona fide acquisition of stolen goods in China are basically the judicial interpretation of the Supreme Court and relevant department regulations.The existing norms are not only low-level but also contradictory to each other,and they cannot abstract the rules of bona fide acquisition of stolen goods.Besides,most of the judicial interpretation and and department regulations relating to the bona fide acquisition of stolen goods have the nature of public law.This makes the thinking of public law be forced to infiltrate into civil law transactions for a long time,and opens a convenient way for public rights to infringe upon private rights,which is extremely detrimental to the protection of citizens' property rights,hindering market transactions and undermining the construction of a legal state.On the contrary,in other regions of the world,the bona fide acquisition of stolen goods is stipulated in the civil code,and there are few legislative considerations like our country.By summarizing the legislative provisions of foreign countries and the viewpoints of Chinese civil law scholars,there are three views on whether stolen goods can be acquired in good faith: assuring that stolen goods can be obtained unconditionally in good faith;the goods to be stolen shall be excluded from the application of the Bona Fide Acquisition System;Strict restrictions on bona fide acquisition of stolen goods.It is not fair and just to assure the bona fide acquisition of stolen goods unconditionally and make the original owner of stolen goods who has no fault bear the risk of loss of property interests.And it is too harsh to the owner of stolen goods.It is undoubtedly beneficial to the original owner to deny the bona fide acquisition of stolen goods,but it ignores the profound changes in contemporary economic life,thus property dynamic security cannot be taken into account,transaction security and transaction order may be affected.Strict application of bona fide acquisition of stolen goods can overcome the limitations of the first two viewsThe rule for the strict application of bona fide acquisition of stolen goods shall be constructed.As stolen goods and lost goods are both possessive detachment,their judgment of legal value should be treated in the same way.It is helpful to streamline the legislation and enhance the application of provisions to place stolen goods in the rule for the bona fide acquisition of lost goods.The rule of free and paid recovery of stolen goods shall be established according to the rule of bona fide acquisition of lost goods.The attribution of stolen goods during the recovery shall be confirmed.The paid performance of the original owner's recovery requirement shall be regulated.Special goods such as currency and bearer securities are excluded from bona fide acquisition.