Research On The Possession System

Possession which regarding to control the thing in fact is the premise of property's ownership and utilization. It is originated from Roman law. Owing to the function of possession system that lies in property order maintenance and transaction safety protection, it has been reserved and developed to be an indispensable part of the law of things. Especially while market economy rapidly develop in recent years, the modern civil possession concept emphasizes the better and legitimate utilization of property. However, the possession represents a kind of adjustment and use relationship parallel with property and great attention to the transaction security.This point is just responding the legal demant of the modern economy development from ownership to use. The possession system gradually shakes off control of ownership, sets up a style of Ownership-Possession-other right.Due to the long-standing confinement to private ownership mentality, the law of our country only regards possession as a function of ownership while hasn't formed independent possession institution, which make the interests of possessors are lack of protection, and social economic orders are unsteady. Furthermore, certain property right systems closely linked to possession system are also incomplete. With the gradual developments of market economy in China, it becomes necessary to establish the system of possession which meets the requirement of the times to reflect and adjust the relations between property occupiers and non-occupiers, especially the property owners. The law of Real Right sanctioned in 2007 recognizes the significance of the possession system and prescribes it as a special chapter for the first time, which is a significant progress in legislation. However, possession system has been a controversial topic so that the academic circles has several viewpoints. Therefore, The law of Real Right only prescribes it roughly, and didn't formulate the essence, concept and constituents of possession. But it is not the reason to refuse legislation because of theoretic controversy. We should be on the basis of actual situation in our country choose the best view in the mumerous doctrines. According to it, the essence, concept and constituents of possession should be defined clearly and definitely so as to establish the basic frame of possession system. Proceed from history evolution and function and essence of possession, this article's focal point lies in studying the basic theory of possession system based on actual situation in our country to establish the the system of possession.