Research On Possession System Of Property Law

As one of the important content of the system in the civil law of countries now,system of possession has not only its importance,but also affects other civil system.Firstly,as a state of pure fact in early human primitive society,possession embodied a control of resource and control from human.Laterly,in order to strengthen their control of resources and to maintain their possession of resources,human beings gradually changed the status of control on resources to a kind of rules,which slowly evolved into a kind of written specification to restrict the possession of related subject.Now possession system becomes a kind of recognition from the legal system which is recognized by law from a simple fact status.When modern countries have carried on possession system,The property law of china also contains it.Although designed five provisions,at least it fills the vacancy on the possession system in our country civil system.Up to now,the possession system has been one thousand years of history.Scholars of all dynasties make research on it because of its complexity.But the possession system in our country can not cover most of details,and it shows its level in our system of law.So,by searching domestic website on judicial documents,there are only about more than 800 concerning the possession system,which is used unfrequently comparing to other legal system.The resault,on the one hand,is connected with the number of provision in china;on the other hand,absolutely the possession system can be subsititued by other theory of property law to solve a same question so that it can be easily ignored.This paper will put the light on the relevant systemof possession,and put forward some ideas which combine with related theoretical issues,finally will also put forward some proposals on perfecting and the application of law.