| Possession which regarding to control the thing in fact is the most essential and the primitive way to control the resources for human . the possession system which ranks with the property rights system has own unique value.The protection of possession is the key and the core part of the possession system, which' s purpose of establishment is to protect the fact of possession and stable control order. But the scholars in our country pay little attention to this theory , the research are also less. Although "property laws" just promulgated several months ago involves the protection of possession , but a series of theory question still needed to solve. This article which discusses the protection of possession in detail based on the instance of legislation in foreign countries is to establish the protection of possession in our country.The first part: First analyze the protection of possession in the ancient Roman law and Germanic law , and carried on analyzing the characteristics of the two Next analyzed the protection of possession in modern continent law . The protection of possession in modern continent law originate from the ancient Roman law and the Germanic law . In Roman law possession is one kind of fact condition, which is separates with the real right, the goal of protection possession is to protect the fact of possession. But in the Germanic law, the possession was thought to be one kind of right, which is the real right exterior performance condition, therefore The goal of protecting possession is to protects the real right. Last this article introduced the protection of possession in our country.The second part: the academic circles has several viewpoints about the reason of protection of possession . but they are analyzed from certain aspect, which is not certainly comprehensive. This part summarized the different academic viewpoints , then explained the reason of protection of possession in detail.The third part is the important part, how to design the protection of possession system dispute very big in academic circles. Generally think the protection system was divided into two part , the protection law of real right and the protection law of obligation, whether the possessioner has the self-reliant is a big question, at present there are two viewpoints, the positive and the negative. This article agrees the first viewpoint. But must strictly stipulate the exercise qualification of self-reliant In this part, mainly elaborates the protection law of real right, and divides it into two parts the self - protection and the rights of request .The fourth part, this part mainly analyzed the protection method in the protection law of obligation. Whether the possession can be the object the abuse of authority law ther are two viewpoints , the positive and the negative, this article attempted to prove that possession can be the object of the abuse of authority law and prove that the possessioner has the right to ask for compensation .This arcticle also explain what damages the possessioner can ask for compensation. |
