On The Litigation Of Possession

In our country, there are many complicated disputes in the real life, especially the right to occupy the disputes. In order to strengthen the protection of the interests of the property, the "property law" promulgated in 2007 has established the independent possession system in addition to the property right system, and gives the possession protection claims. The right of appeal of Rome law tells us that every substantive law or legal relationship should have its own legal proceedings in order to realize the value pursuit of substantive law. Although issued by the Supreme People's Court Regulations on causes of action in civil cases corresponding to add "possession protection disputes" cause of action actually from the perspective of procedural law recognized claim of possession, however, our country's civil procedure law does not have a clear standard to the possession of the litigation system. and the corresponding legal system, with the fact that possession of the property, can not copy the proceedings, leading to the existence of a lot of problems in practice. As a result of our country's property law, it is very important to exclude the possession of private relief. However, there is little mention of the legal profession in China. The author draws on the possession of the comparative law, and tries to put forward the tentative ideas on the system of the possession of the system of our country.In addition to the introduction, this article has four parts:The first part mainly expounds the possession and possession of the lawsuit. Since this paper is related to the substantive law, it is necessary to make a brief introduction to the related problems of the possession system. And then from the narrow sense, broad sense, the most broad sense of the meaning of the three layers of the meaning to be defined, and discusses the practical significance of the possession of litigation, highlighting its importance.The second part details the comparative law on the possession of litigation. The relevant provisions of existing litigation possession in the ancient Rome law and the Germanic law After the long-term development, France, Italy, Germany, Japan and China's Taiwan region and other countries and regions of the legislation have inherited and developed the possession of the. In this paper, it makes a detailed introduction of the main aspects of the jurisdiction, application procedures, and the relationship between the right of litigation, etc., in the hope that it can help to build up the system of possession in our country.The third part expounds the necessity of establishing possession in our country. Because of some defects in the civil law of our country, the establishment of possession can be made up to a certain extent. There are a large number of cases in the practical field, but there are no independent legal system, which leads to many problems. Therefore, both the theoretical and practical circles are strongly called for the establishment of the possession of our country.The fourth part discusses the construction of possession in our country. After a thorough study of the claim of possession, the author tries to construct the system of possession in China. This paper discusses the important issues of the jurisdiction, the parties, the cause of the party, the application of the procedure, the procedure of the application, and the litigation of the right of application.