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中国自改革开放以来,经济飞速发展,不少人为了中国的发展做出了重要的贡献。而他们做出的贡献的资本曾是他们在中国法制不健全时期积累的首笔资本(有的甚至是违法所得),就这笔资金而言我们称之为违法的“第一桶金”。本文就能否对违法的“第一桶金”适用时效取得进行研究,全文从时效取得的构成要件出发,探讨合理性与可能性,适用衡平、比例等理念权衡,认为我国法律非恶法,对于损害公共利益不严重的可以适用。
Since the reform and opening up to the outside world, China has made rapid economic development and many people have made important contributions to the development of China. The capital they contributed to was once the first capital (some even illegal proceeds) they accumulated during the period of the imperfect legal system in China. For the purpose of this fund, we call it illegal “the first pot of gold ”. This article will be able to illegally “the first barrel of gold ” for the study of the application of aging, the full text from the constitutional requirements of the time to explore the rationality and possibility of balance, the proportion of the concept of trade-offs, that our law is not evil Law, to the public interest is not serious damage can be applied.