A Discusion On Current Legislation And Its Improvement Of Possession System In Our Country

Possession is a social phenomenon which excists along with the human history and has a very long history with the tradition and meaning. With the development of society, the connotation and extension of having expands in different area.The institution of possession began in Roman law, it deeply influenced the legislative and judicial practice countries and regions all over the world, and now most of the countries and regions set their institution of possession according to the legislative regulation. But the property rights system is deeply rooted in other national conditions, as well as the theory itself is obscurity, so the condition for research has a hudge difference from each other. In China, because of the long-time ideological considerations and the theoretical studies of the weak, resulting in the legislative level has been in a blank, until recently, "Property Law" promulgated had just been changed, but on the tenure system of regulation is not good, it problem is far more than it causes new problems. Still failed to clarify the long-term long-standing. In this paper, resulted of previous studies over the years, based on the actual conditions of the country situation, it uses extra-territorial legislation and judicial practice experience as a source of reference, concluded and summarized the China's legislation situation, and put their suggestions of improvement. This paper includes six sections. Among them, the first chapter is the exordium and introduces some research situation on institution of possession, purpose and significance and the scope and methods of research and a brief description of the background of this paper; second chapter to the fifth chapter is a core part of this paper, consists of four parts to a detailed study of the problem:In the second chapter is an overview of tenure, including the origins and theoretical foundation and basic content of possession, while others focus on the basic content of the composition of elements from the possession, classification, the third chapter is the tenure of comparative Law; First, select a representative from the worldwide number of countries and regions in its possession related to the theoretical study and the enactment of legislation to be introduced in detail, followed by a detailed description of tenure system in China legislative status quo, focusing on the shortcomings of existing legislation and the reasons. The fourth chapter sorted and concluded the institution of possession from the theory of our tenure status and context of the legislative history of our country's,the fifth chapter resulted on the foregoing research presented the further proposals and opinions of the author to the institution of possession of legislation at the country level; the sixth chapter is the last and conclusion part of this paper, on the basic of all the previous treatise, analyzed the civil legislation of our country from the view of Rechtsschein Theorie.