Research On Issues Of Have No Right Of Possession Possessor Use

No right to occupy our country, "Property Law" key "possession" provision stipulated, possession use of proceeds, chargeback, not ownership costs and damages claims belong to people not entitled to possession of possession of Use manifestations, is possession system important content.From the legal nature of the person not entitled to possession of possession behaviors start to use, not ownership analysis to define and distinguish the subjective occupier has no right, no right to possession by studying the behavior of people to use a specific form of possession, reveal bona fide persons and malicious possessor in possession use the proceeds to return, cost claims and possession damage, liability or loss differences are present.Because of "Property Law" has no right to use possession possessor problem persists provisions exhaustive place, so this article relies on the provisions of Article 242,243,244 "Property Law" in three aspects of people have no right to occupy use study the issue of possession. One is not entitled to occupy the use and benefit return responsibility, critical analysis of the present situation of China’s legislation, combined with a comparative law perspective, in order to make my point of view. On the return of the fruits from the legislation of countries, the most distinguish bona fide and mala fide possessor to determine collecting the fruits, but China’s "Property Law" adopted different rules stricter refund liability, even bona fide persons, they must return the fruits collected during the possession, but the author seems to be sure bona fide rights holders to retain possession fruits of bona fide persons who are not required to return the property rights to use objects of interest, and malicious possessor negative We have a responsibility to return the benefits of using the substance;Second, the cost of claims is not entitled to occupy the question, but also from the structure through the Evaluation and Comparative Law perspective in terms of legislation, drawn author’s recommendation that a malicious possessor shall enjoy the necessary expenses claims, incentive possession people actively maintain possession in good condition, and by the hand of the person in possession of the right to protect people’s interest, bona fide persons in possession shall enjoy the value added benefits within the limits of cost claims, to prevent unjust enrichment of the owners, but also to avoid the increase of the owner burden; Third possession damage, liability or loss, is also by legislation of the current, Comparative Law angle, draw my point of view, to the subjective state of the person in possession distinguish bona fide persons bear limited liability malicious possessor is negative fault liability.