The "Good Faith" Elements Of Good Faith Own System’s Distribution Of Burden Of Proof

The system of bona fide acquisition is legislation in the protection of people and the protection of ownership, namely between the static safety and dynamic security of value choice and the balance of interests of a property rights system in the process of gradually building up. Whether in the field or in the field of civil judicial trial practice, scholars relative to bona fide acquisition for the "good faith" elements of the burden of proof should be how to allocate points each one sticks to his argument. This article through the analysis of substantive law and procedural law in two areas, to find a more suitable acquisition can better embody the spirit of the legislation, the Civil Procedure Law of the principle of justice, and give full consideration to the parties that standard of distribution of the degree of difficulty, for the current practice in civil procedure "goodwill" elements to provide proof standard of distribution of burden some theoretical suggestions.The development of market economy, the frequency and speed of transactions is rising, more and more needs the corresponding legal mechanism to ensure transaction security and rights realization, the system of bona fide acquisition is such a legal mechanism, belongs to the civil law, in legal category in recent years, the research of bona fide acquisition system gradually deeper, more perfect legislation. The bona fide acquisition performance system in our criminal law is the "property law" article 106th of its provisions, although there are shortcomings, for the bona fide acquisition system in our criminal law is of great significance. This paper from the following five parts of this system:The first part starts from the analysis of two typical cases in the practice of trial work, bona fide leads two opposing the allocation of the burden of proof standard view, and then leads to the theme. The second part analyzes the current legislative status of the allocation of the burden of proof of bona fide, explain from two aspects of semantic interpretation and system, combined with the goodwill related to other law, the current legislation of our country under the burden of proof by the assignee. The third part introduces the basic theory of the burden of proof and the burden of proof allocation rules. The third part discusses the legal effect of bona fide acquisition theory and the bona fide acquisition. The fourth part puts forward the standard of distribution of burden of proof on the bona fide related suggestions of legislation perfection, and that in the current relevant legislation to complete the case, can give judges discretion to judicial departments as "good faith" burden of proof chaos temporary settlement mechanism.