Research on the System of Bona Fide Acquisition of Stolen Goods

DOI: https://doi.org/10.62517/jel.202414503

Author(s)

Yao Yue

Affiliation(s)

School of Law, China University of Metrology, Hangzhou, Zhejiang, China

Abstract

Whether the system of bona fide acquisition is applicable to stolen goods is a controversial issue in the field of civil law theory and practice. The concept, ownership and right relief of stolen goods are blank in our country's civil law and its related regulations. Articles 311 and 312 of the Civil Code only provide for the conditional application of lost property, which is the same as lost property that has been separated from possession. The relevant legislation is scattered, attitudes have changed repeatedly, and the methods of handling lost property in judicial practice are also different. It is urgent to unify them. In addition, whether stolen goods are suitable for good faith acquisition should be a question in the field of civil law, but public law has always been the main issue. Nowadays, with the development of market economy and the diversification of transaction modes, the requirements for transaction security are increasing, and the scope of application of bona fide acquisition is expanding. Most civil law countries in the world also fully or conditionally recognize the application of the system of good faith acquisition to stolen goods. Promoting the application of the system of good faith acquisition to stolen goods not only meets the needs of the times and international development trends, but also reflects China's national conditions. This article will start with the legal analysis of bona fide acquisition system and the concept of stolen goods and other basic theories, and then use comparative law from both theory and practice to analyze the domestic and foreign legislation of stolen goods bona fide acquisition. Then, from the perspectives of jurisprudence and law and economics, this paper explores the legality of the application of good faith acquisition in the theft of stolen goods. Finally, some suggestions are put forward on how to improve this system in order to perfect the legislation of the good faith acquisition system in China.

Keywords

Stolen Goods; Bona Fide Acquisition; Possession of Detached Property; Balance of Interests; Transaction Security; Ownership Rules; Criminal Stratification; The Right to Request a Response

References

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