赃物适用善意取得制度之合理性证成——多学科、多维度的分析视角

Good Faith Acquisition System for Stolen Goods Justified the Rationality Multi-disciplinary,Multi-dimensional Perspective

我国物权法未明确规定赃物的善意取得制度,虽然学界对赃物应否适用善意取得已经论述较多,但是多学科、多维度的深层次论述仍不多见。有限制的赃物善意取得制度建立在比较法学、法理学、民法学、法社会学、法经济学等多学科、多维度的分析与充分的利益考量基础之上,以便真正达到衡平原所有权人与善意第三人之间的利益冲突。

Our property law is not clear that bona fide acquisition of stolen goods, ahhough scholars of the stolen property has been acquired in good faith should apply more discussion, but the muhi-disciplinary, multi-dimensional depth discussion is still rare. Stolen goods is limited and access to the system in good faith based on comparative law, jurisprudence, civil law, sociology, law and economics and other disciplines, multi-dimensional analysis and the basis of full consideration the interests and the interests of game theory, and should prove equitable distribution of responsibility for specific system as the center of the building to the owner of the real value and good faith plain conflict of interests between the third party.