On The Stolen Goods Acquired In Good Faith System

For civil laws and regulations of China especially property rights law have no definite terms and conditions about the system of acquisition in good faith of stolen good, judicial authority can only abide by criminal law and its judicial interpretation when taking up the case of stolen good in juridical practice. Nevertheless, criminal law and its judicial interpretation have neither standard model of legislation, nor clear procedure related to stolen good, which will lead to the chaos and disorders on the case how to deal with acquisition in good faith in practice, such as no willingness to take up the case of stolen good between people's court and public security office, or the abuse .power intervene in right.The author holds that it will cause unhealthy and serious consequence towards the society under the rule of law in the event that we continue to let alone the attitude on whether to apply acquisition in good faith to stolen good. On the basis of analyzing the system of acquisition in good faith in China, through studying the application of other countries about the system of acquisition in good faith of stolen good, as well as through analyzing practical significance of determining the system of acquisition in good faith of stolen good in China, the author demonstrates it is a must that China determine the acquisition in good faith apply to stolen good with some legal conditions, and then conceive the system of acquisition in good faith of stolen good in China from three aspects of legislation model, legal procedure and terms and clauses.