The Research On The Possession System

The possession system as an ancient system, originated from Roman law of possessio, integration of German law Gewere, it is one of the most complex, interesting and dispute civil system in the history. It is an indispensable system of the property law, serving as the cornerstone of the order of the property law. It plays a pivotal role in safeguarding social peace and justice, promoting the development of commodity economy as well as constructing the property law system. Although the possession system is instituted in the Property Law of People's Republic of China, which promulgated in 2007, there are unreasonable factors in the system and the contents. Therefore, as the Comparative Study of the possession system on the civil law countries and regions , the paper is going to study the possession system of the Civil law system and some important questions to make clear some vague thoughts in theory and judicial practice, which must make the possession system more perfect.This paper is divided into four parts in structure besides preface and conclusion, the main contents are following: First, the possession system's basic theory. This part outlined the concept, nature, constitute elements and classification of the possession system. There have been many disputes about possession' concept and nature, it is a simple, brief fact that the main theory of rights and said. And the constitute elements of the possession system introduced the two main viewpoints of the subjectivism and the objectivism. In the classification, it elaborated four kind of main classifications. Second, legislative inspection of the possession system. Mainly it introduced provisions and characteristics in French, German, Japanese, Taiwan in our country of the possession system of civil law, summed up the causes of the possession system of the different countries and regions. Third, our country legal rule of the possession system. From the analysis of the legislative status quo of the possession system of two stages of the before and the after ,which the Property Law of People's Republic of China enacted, it elaborate the defects in the present legal rule of possession system, as a basis for the follow to the improvement of writing. Finally, legislative consummations of the possession system. Under the premise of the author pointed out the legislative flaw in our country present possession system, and on the basis of beneficial achievements from legislation of foreign possession system, the author attempts to propose own opinion to possession system's consummation for our country . Regarding the possession system's consummation, the author proposed the following several points: First, it is explicit legislative definition that possession is refers to control and dominate thing in fact. Second, it had supplemented the possession classifications for the purpose of making up for the deficiencies. Third, it has rebuilt the rule of presumption validity of possession, and carried on the detailed explanation between the possessor and the requester of real right. Fourth, it has consummated the possession protection in Property legislation, as well as the double system of possession protection.