随着商品经济的发展,交易成为常态,财产流通的法律表现形式为所有权的流转。交易,多是逐利行为,在利益的驱使下,财产的无权处分人往往为了一己私欲而处分他人财产,使得受让人既获利益处于不确定状态。为保护该类交易中受让人的利益,“以手护手”原则的内容获得填充,发展成为当代主要法系普遍采取的善意取得制度。该制度从民法公平原则出发,恰当处理了所有权人与受让人之间的利益冲突,利于交易的稳定。但同时应当看到,与该制度有密切联系的相关概念,在学界仍有争议。善意取得,就必须明确善意的评判标准;无权处分的效力问题;关于盗赃是否适用善意取得等,都是有待于解决的问题。 With the development of commodity economy, the transaction has become the norm and the legal representation of the circulation of property is the transfer of ownership. Transactions, mostly profit-seeking behavior, driven by the interests of the property of the disposition of the people are often for personal desires to punish other people’s property, making the transferee both in the state of interest in uncertainty. In order to protect the interests of the assignees in such transactions, the content of the principle of “hand-guarding” has been padded into a system of goodwill generally adopted by major contemporary legal systems. The system, starting from the principle of fairness of civil law, appropriately deals with the conflict of interests between the owner and the assignee and facilitates the stability of the transaction. At the same time, it should be noted that the relevant concepts closely related to the system are still controversial in academia. In good faith, we must clearly define the standards of goodwill; the issue of the validity of the right not to be punished; and whether or not the stolen goods have been obtained in good faith are problems to be solved.