On The Protection Of Property Law To Possession

Possession and Protection is an important issue of property law. There are many deficiencies at the draft of Civil Law, which result from the lack of completely analyze the protection of property law on theory.The selection of Possession protection is associated with the conflict domination and understanding of the fact of contradiction. After explain the elements of the protection of possession, the author will introduce the possession of private relief and protection of public relief, Force on the occupant of the private defense, private power back, a possession claim for restitution, possession of prejudice to rule out the claim, and possession of prejudice against claims. The author made a more comprehensive description and analysis in order to lay out a general outline of Possession of property law.The appearance of possession shows the exact domination of mankind and things. If the relationship of domination is deny easily or can't get the due respect, at any time it will fall into the unstable state was overthrown. So it would be a great hazards for social stabilities. Therefore, countries, or the legal situation in various regions will be generally give legal recognition and protection on the "possession" of the common life in the community and generated a fact recognized by the public, whether or not to interfere with the disposal of the share the right capacity. Its main purpose is to maintain the belongings of personal and social assets and maintain the social order in a normal performance, to prevent private power between people produce so as to achieve the purpose of infringing on the property of others. The production of possession prevention is an integral situation from possession of occurrence and relations, it is mainly for possession resulting from the occurrence of damage, not only contains the legal protection of occupants, a possession would be protected, but also including the protection of possession. Right on the absolute and relative nature of the claim terms, so claims the protection of property rights protection can not be compared to, With the social development, it will increase the needs of social life, making the property claims of protection has gradually become the main trends. Here we explain the nature of the protection of property rights from two aspects: First, the lease of the property, second, the degree of leasehold property.The emergence of possession is a vital system in a modern society, Its main function is the dominant material of the facts, whether such disposal of real existence of this right, we can think that it is absolutely compliance with the law, and this should be legal protection. Therefore, the fact that on the material produced by the process dominated possession and the occurrence of the violation and the fact that there may have been violated, the risk of exclusion against people who share the results of the implementation of infringement, the law should be given to the person in possession the law measures. According to the provisions of legislation of other countries, it is mainly formed two protection means such as. Possessor's right of self-help and Possessor's right of protection claim. Possession Protection claim is also known as right of claim for possession of people born or based on possession of the claims, refers to the possession by others infringed, the person in possession enjoyed by the return of possession, possession of prejudice to remove, hold the right to request to stop prejudice. Protection of the right of possession to exclude the possession against the request for the purpose of which is a property claim. Claim of Possession, also known as "possession the right to appeal," but here should be noted that the request to protect the right of possession is possession of the substantive rights of people to enjoy, not only in litigation, in the lawsuit are also able to exercise.This paper holds for the study, based on the current situation of China's property legislation in order to occupy protection system for the research center. Through the protection of our possession of the relevant system design and the theory of the legislative process in the comparative analysis to explore in our civil law based on the theory of possession protection and value choice. Based on this general idea, the paper points were discussed the following aspects: First of all, from the possession of our civil law system, start the formation of our property law system was in the possession of theory, And by "scholars have suggested draft Civil Code property" in possession of the relevant provisions and the final adoption of the "Property Law" the relevant provisions of Part V of the comparative analysis, Gradually into the theoretical analysis of the protection of possession, attempted possession of the Legislation of China and the value orientation of the path.Secondly, protection from possession Elements, analyzes the protection of self-possession and the possession of the protection claims of relief, with emphasis on the exercise of the right of possession of a request made by the protection analysis. Combined with the traditional theory of the content of law, on the back of the possessor the right to human rights and obligations. Finally, our legislation has not yet provided for the entry point for the first accounting system, accounting system and hopes to start the relation of Possession by possession of the above protection system in China to establish the theoretical basis and method of protection summary, Further analysis of the first account the interests of maintaining possession protection rules can be applied to bridge the existing deficiencies in legislation, and then realize the possession of such a "legal interest" more comprehensive protection.