On The Possession Of Property Law Legislation To Improve The System

Holds the system is in the reality of laws an essential system, holds the important status in the reality of laws. But, our country "Reality of laws" to holds the system stipulation actually only then five, content stipulation very coarse. This article was divided four parts to hold the system legislation consummation to our country reality of laws to carry on the elaboration. The first part analyzed our country reality of laws to hold the system legislation flaw. This mainly displays in to holds the system basic question limits, the holder damage compensate responsibility, the holder and returns the original to request the power person's relations, hold the self-reliant secondary right as well as holds in estimation system. Actually holds for the fact is the right? The meaning which the constitution holds which is needs to have appropriates to oneself the meaning holds or holds the meaning to have nothing the necessity, so long as has in fact control condition then? What is the good intentions holds, the evil intention holds? The elementary theory questions which holds regarding these, our country "Reality of laws" does not have the explicit stipulation. Because in holder's damage compensate responsibility, uses the real estate or the movable property regarding the holder which holds, causes this real estate or the movable property receives the harm, also the discrimination has not harmed because whether can turn over to the responsibility to send in holder's matter, also stipulation good intentions holder's compensation responsibility. Moreover, speaking of the good intentions hold become the evil intention to hold, various countries' or various local vertical legal regulation general requirement good intentions holder from the discovery or suspected oneself has not held temporarily, also becomes the malicious holder. Our country "Reality of laws" has not mentioned. In returns the original request power person and in holder's relations, our country "Reality of laws" not carries on the difference treatment to the good intentions holder and the malicious holder. The 243rd stipulation looked from "Reality of laws" that, the real estate or the movable property are held by the holder, regardless of regarding the good intentions holder or the malicious holder, the request for reply power average per person has returns the request power which the original and grows, In other words, the good intentions holder and the evil intention hold the average per person use, the income have not held the thing right, also does not have the collection to hold the right which the thing grows and appropriates to oneself. Regarding holder's expense repayment request power, our country "Reality of laws" had stipulated merely the good intentions holder has the essential expense repayment request power. As for good intentions holder whether can request the beneficial expense the repayment, as well as malicious holder whether can request the essential expense to result in the repayment, the law is not clear about. In holds in the protection, our country "Reality of laws" omitted holder's self-reliant secondary right; Moreover, our country "Reality of laws" to has not held the condition estimation system to carry on the stipulation. Holds one of potency important contents which the condition estimation is holds, does not have the stipulation to hold the condition estimation system, holds the system is incomplete.The second part had pointed out holds the system legislation perfect theory value and the practical significance. The consummation holds the system theory value mainly to manifest in is very important to the reality of laws fundamental research development and the architecture consummation, even relates the reality of laws and even the code civil science formulation; The consummation holds the system practical significance is can better protection all people and holder's benefit, maintains the society peaceful and peace.The third part elaborated our country reality of laws to hold the system legislation perfect overseas legislation model, analyzed several to have the representative country(area) to hold the system, held in the system, the Japanese law including the German law in holds the system, our country Taiwan area holds the system and the British and American legal system holds the system. In the German law holds the system is a kind of mix holds the system, it does not have the meaning which holds explicitly, the function which but expanded which held the main body and holds, and differentiated held directly with holds indirectly; In the Japanese law holds the system although only then very few several, but it stipulated explicitly holds the nature is one right; Our country Taiwan area code civil to holds the system stipulation quite to be also detailed, specially to holder's damage compensate responsibility in. British and American legal system not about the corresponding word which holds, therefore, in the system not about the overall system which holds. In the British and American legal system, holds with the property rights concept is Qi Jian, holds with possesses with belongs to the property method content, even sometimes can emphasize specially holds, The British and American law to the confirmation which holds mainly focuses on the holder to the subject matter use and the income, but non-property ownership. Although the various countries in hold the theory and the practice aspect have many differences, but, the various countries all hold took in the reality of laws a special question performs the rules and regulations, by consummates the reality of laws the adjustment function.The fourth part proposed our country reality of laws holds the system legislation perfect suggestion. Consummates our country reality of laws to hold the system to be supposed to begin from following several aspects: First, about the nature question which holds. Regarding nature which holds, also should not hold in the system to hold the identity to hold in the property rights the power, also should not recognize it is the right, because holds has the real right characteristic incompletely. The definition as well as holds from our country reality of laws to the real right in the reality of laws system arrangement looked, our country "Reality of laws" holds the nature is not recognizes for the right, but is recognizes for the fact. Second, about the damage compensate responsibility question which holds. Should differentiate harms because whether can turn over to the responsibility to send in holder's matter, regarding cannot turn over to the responsibility to hold the thing which causes in holder's matter to damage extinguishes loses, the holder should not undertake the compensation responsibility; Moreover, also should make the stipulation to the good intentions holder's compensation responsibility. Enable regarding should the Chinese angelica responsibility in the holder matter to hold when the thing extinguishes loses or the damage, the malicious holder must to return the original to request the power person takes the responsibility which compensates loses completely; The good intentions holder should only in receive the benefit in the limit to return the original to request the power person takes the damage compensate responsibility. Third, should increase to holds the condition estimation question stipulation. The holder lives to hold the fact complexly complex, has holds, him independently advocates holds, the evil intention holds, the good intentions holds, holds, holds and so on indirectly directly many kinds of types. To the thing holds since has various condition, thus different the potency which holds the condition to live is also different, if 11 needs to present evidence the proof by the holder, not only is not easy, moreover is also opposed with the legal maintenance society's present situation goal. Therefore, in order to guarantee the social life order the stability, the law needs to hold carries on the fact estimation. Fourth, in holds in the protection, entrusts with the holder the self-reliant secondary right.Is in power the altruistic right to receive other people violation to seek National Related Institution without enough time the help, when hereafter its right will not be able to realize or the realization will have the difficulty, the law will allow the obligee by self-reliantly to implement the relief.In brief, our country reality of laws to holds the system stipulation, neglected held the system to take the reality of laws foundation system the status, manifested the legislator to pass the reality of laws hastiness and the carelessness. How does the scientific stipulation hold the system, was still a significant topic, waits for does deeper step in more scholars research.