On Possession System

The possession system is originated from Roman law. It is one of the most complex, interesting and disputed civil systems in the history. It is called "one of the largest labyrinthes in the civil law". It is also an indispensable system of the property law, serving as the cornerstone of the order of property law. It plays a pivotal role in safeguarding social peace and justice, promoting the development of commodity economy as well as constructing property law system. Nevertheless, there is no independent possession system in the current civil law of China and certain property right systems closely linked to possession system. Acquisition time limitation and acquisition in good faith are also in a state of legislation vacuum. There still exist some defects in present draft provisions though some scholars have made out a few legislative drafts. So this thesis is of significance in both theory and reality.The main body is composed of four parts. The first part is about researches on comparative law of possession. This part mainly investigates origin, development, different characteristics and reasons for deference on possession in foreign continent law and possession situation in our country. In a word, our country needs possession system.The second part talks about basic theories of possession. Firstly it expounds possession is a legal fact. Based on this, it talks about enormousfunction in social life in connection with its defects in draft. Secondly it explains the classification of possession, including titular and adverse possession, direct and indirect possession and so on. It aims at making up losses in draft. Thirdly it focuses on the specific effect of possession, such as the effect of presumption of possession, acquisition possession and so forth. Fourthly it analyzes possession presumption is the logical premise and legal foundation of possession protection and protection methods involve possessor's self-relief right and protection claim. The thesis attempts to do overall self-criticism about drafts of property law on possession.The third part considers the necessity and the possibility of setting up possession. Firstly it discusses the necessity to set up the possession system from reality and legislative effect. Secondly it analyzes the possibility to construct the system from trial and theory aspects.The fourth part explains how to construct possession system in our country. Firstly it discusses the golden rules of setting up possession. Secondly it comes up with some suggestions, including definition of possession, scientific classification, compensation liabilities of possessor for not owing to his intentions and scope of presumption as well as double systems of possession protection.