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Research on Goodwill Acquisition of Stolen Property under the Perspective of Typology

Jianbin Qian

Abstract


Whether stolen goods are applicable to the goodwill acquisition system in the civil code, there are different theoretical doctrines.
Proper handling of criminal-civil relations and coordination between the two, in order to maintain the order and safety of market transactions
and to balance the interests of different subjects, have laid the theoretical foundation for the application of the system of goodwill acquisition of stolen goods. The use of typological thinking, distinguish between different types of stolen goods, possession of entrusted goods and
possession of detached goods, respectively, apply different rules of goodwill acquisition system. In this way, it protects the victims right of
recourse to the original object and the third partys ownership of the object in good faith, so as to properly deal with the rights and interests
between the victim and the person who has acquired the right in good faith, to balance the different values between criminal law and civil law,
and to promote the stable development of social and economic exchanges.

Keywords


Stolen property; Good faith acquisition; Possession; Good faith

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References


[1] Gao Mingxuan and Mark Chang, Criminal Law, Peking University Press, 2000 edition.

[2] Karl Larenz, Methodology of Jurisprudence, Chen Ai'e, Commercial Press, 2004 edition.

[3] Wang Liming, "On the Goodwill Acquisition of Stolen Goods", Tsinghua Law 2024, No. 1.




DOI: http://dx.doi.org/10.70711/frim.v2i7.5001

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