论赃物的善意取得

善意取得是物权法上的一项重要制度。妥善处理赃物与善意取得之间的关系,在司法实践中具有重要意义。由于犯罪形态的复杂性,对赃物的认定也具有多样性。但由于在法律层面没有规定赃物的善意取得,我国在不同时期的规定与司法解释,导致司法实践做法的混乱。从维护交易安全、私权限制公权以及公平正义原则角度出发,我国应建立赃物完全适用善意取得制度。

On the Real Estate Acquisition in Good Faith of Stolen Goods

The real estate acquisition in good faith is an important system in property law,and how to properly handle the relationship between it and stolen goods is of great importance in the judicial practice. However,because of the complexity of the criminal pattern and the diversity of stolen goods,together with the lack of legislation about the real estate acquisition in good faith of stolen goods,there has been different regulations and judicial interpretations in China in different periods,which leads to chaos in the judicial practice. Therefore,we should establish the system which makes stolen goods completely applicable to the real estate acquisition in good faith so as to maintain the security of every transaction,to limit public powers and to realize the principles of fairness and justice.