对《物权法》未规定盗赃物善意取得的反思

The Reflection About the Stolen Goods' System of Real Estate Acquisition in Good Faith

在我国,以盗窃或其他方式取得赃物的案件时有发生。当盗赃物通过各种渠道进入商品交易流通领域后,许多与案件无关的第三人在不知道并且事实上通常很难知道其来源的情况下购买或接受该物品。在此情况下,只要赃物仍然存在,是无限制地追缴,还是合理地保护善意受让人的利益?我国新制定的《物权法》对此并未做出明确规定,这实属一大缺漏。因此,有必要对盗赃物之善意取得制度做出明确规定,以保护权利人的权利和市场的交易安全。

In our country, theft or other means to obtain stolen goods cases occur from time to time. When the stolen goods through various channels enter commodity trading circulation areas, many third person who has nothing to do with the case did not know and in fact is often difficult to know the source of the purchase or acceptance of the goods. Under this situation, as long as the stolen goods are still there, is it unrestricted recovered, or reasonable to protect the interests of the good intentions grantee？ China＇s newly established ＂Property Law＂ does not make it clear, which is missing. Therefore, it is necessary for the good intentions of pirated goods made to clarify the system to protect the rights and the rights of market transactions safe.