On Civil Protection Of Possession

Possession, refers to the meaning of my own possession for content in fact control and dominating. The core is to occupy system occupies protection. The protection of civil law of possession by, realize its maintain normal social order and stability property of purpose and maintain life order occupies credibility principle. Possession and civil protection as occupies an important system in civil law, civil law countries and regions by the universal attention. Since the Roman law, countries since the civil to occupy system are a more detailed specifications. Our country "property law also occupies system shall be set on the chapters regulation, this is reflected in our country's legislation occupies system attention, but also should see the law, our country" occupies system too simple, difficult to reveal its?Taking possession in the normal social order its value for the purpose of the concept, nature, occupy the legal basis and occupy the civil law system value, possession of such protection system occupies system discussed issues of basic theories, with the focus on property rights protection and occupy the protection of tort liability law study of special problems. Finally the author believes that, in our country the property law, the provisions of the occupies protection is about roughly, including no explicit provisions occupants may exercise the right to self-help, not on the clear violations of possession as the scope of liability for damages, and put forward improving relevant occupies protection system suggestion.This paper is divided into five parts. The first part of the first meaning and the properties of possession is analyzed, based on theory of civil code and about all of the different nature occupies meaning and the analysis, it is concluded that the view will have defined as a reasonable and jether kinds significance. Secondly detailed analysis of the possession of the civil protection theoretical basis and system value. This paper summarizes the academics on the theoretical basis of occupies protection of different points of view, and on the basis of the social function of possession system and protect occupants aspects for possession in protection system of combing the value. Finally based on ancient Roman law and Germanic law occupy protection system for the development of modern continental combing, main countries possess protection system makes a comparative analysis.The second part describes occupies protection system theory frame, clearly define the possession and indirect based on claims occupies can become the object of civil law protection, and expounds the protection of civil law founded conditions, including violated possession of a law banning behavior, private force, but no illegal due to friction. As an protection system is divided into law the protection and claims on the protection of law two types, this paper adopted the idea. The third part is an important part of this paper, launched explains the content of property rights protection, and occupies analyzed the problems caused by property rights protection occupies two ways, exercise, including possession of the claim and possessor protected right self-help. Occupy protection claim possession that claims, including return occupies disrupt exclude claim and occupies disrupt prevent claim. It would protect the property right thing defined to claim. At the same time that a law shall give possessor self-help, but shall strict rules right exercise right self-help observationally. With real occupies protection claim claim two relations is very complicated, in this paper the relationship between carries on the comprehensive analysis.The fourth part launch illustrates tort law protection of possession, affirmed the style and content unauthorized possession can become the object of this part occupies protection mainly analyzes the creditor law occupy protection method, trying to prove that occupies can serve as the object of infringement. Occupy's possession damage, even if the possessor after without the right can still to the infringer damages. And classification indicate what harm can damages.The fifth part discusses the present legislation actuality and occupies protection system flaw, and puts forward how to improve our possession of protection system, including perfecting the general provisions occupies system, enlarge the civil law protection occupies the object scope, give person with self-help occupies right and clear violated possession of the scope of liability for damages.