Research On Stolen Goods And Bona Fide Acquisition Problem

About the stolen goods can be applied to the system of bona fide acquisition is controversial in civil law theory,legislative level investigation,China’s "property law" did not make specific arrangements,in the process of codification of civil law scholars also have different opinions and suggestions on relevant issues.Both the main theories on the basic principle of bona fide acquisition of real estate is real and that the stolen goods in principle does not apply to bona fide acquisition,but exceptions and auction market conditions of stolen goods can be acquired in good faith,at the same time that the currency and bearer securities can be good as exceptions to exceptions.From the judicial practice,the public law intervenes to adjust the stolen goods,to solve the problem of bona fide acquisition of stolen goods has not formed a consensus,there are affirmative,negative and the middle three kinds of referee positions,but the universal referee logic is not abandoned in good faith to obtain the applicable space.In view of the legislative,the different positions and paths of Judicature,this article through to the handling of stolen goods in good faith to obtain the dispute of the existing rules,to review the system of bona fide acquisition of movable property,in the perspective of jurisprudence,law and economics of the theft of stolen goods can be applied in good faith to obtain the system,combined with the It is logically deduced that our country’s improving direction of bona fide acquisition of stolen goods in order to effectively maintain the balance between the security of trade and the interests of the parties.This article includes the introduction and the five part of the text.The first part: To investigate the existing rules and deficiencies in bona fide acquisition of stolen goods.Mainly from the legislative and judicial two dimensional face about the stolen goods in good rules and their application situation in our country,on the basis of have a comprehensive understanding about the present situation of basic found deficiencies;There are two main problems,one is the relationship between the public and private law of stolen goods,and the other is whether the stolen goods can be used in good faith.The second part: To clarify the relationship between the public and private law of stolen goods.From the perspective of public law and private law to adjust the paper analyzes the main problems existing in the stolen goods in good and obstacles,and the present situation of public law to adjust excessive theory analyzes,on the basis of thought should be aimed at therealization of the public and private law blend,the idea of a comprehensive update,for China’s property law in the legislative level lay the foundation for stolen goods in good rules.The third part: Exploring the system of bona fide acquisition of stolen goods and movable property.This paper,based on the principle of public announcement and credibility,has a deeper research on the system of bona fide acquisition of chattel,which can be used to seek the support of the traditional civil law theory in the bona fide acquisition system,and the comprehensive investigation of the rules of bona fide acquisition of stolen goods by extraterritorial legislation.It is believed that China should take good results from relevant legislation and improve the rules of bona fide acquisition on the basis of mastering its national conditions.The fourth part: Based on the research of jurisprudence and law and economics of stolen goods can apply to bona fide acquisition of stolen goods.Firstly,the author analyzes the system of stolen stolen goods in good faith and discusses the balance protection between individual order and whole order.It also adjusts the legal morality and the legal rationality involved in the bona fide acquisition of stolen goods,and finds the theoretical support for the bona fide acquisition of stolen goods from the perspective of law and economics;and then analyzes from the angle of law and economics,it is proved that the arrangement of legal monitoring cost can solve the problem of risk distribution in bona fide acquisition of stolen goods,and combined with the analysis of legal transaction cost,it is considered that the stolen goods should be pursued in good faith to meet the lower transaction cost,the stolen goods can be used in bona fide acquisition to obtain evidence of rationality.The fifth part: Proposed the future Civil Code to the stolen goods in good faith to make institutional arrangements.In the light of the existing theoretical achievements in civil law,it is considered that the proper way to solve the problem is to establish the principle of open market trading,to establish the legal reply period of the original owner,and to construct the system of losing “the original owner’s gross negligence”;for money,Special provisions for bearer securities.In order to achieve the goal of balancing the interests of owners and bona fide buyers through these provisions,the blank of bona fide acquisition of stolen goods by the law of property law is not stipulated.