A Study On The Protection Of Property Law

Possession originates from the beginning of human society. The protectionsystem of possession gradually derives along with the development of the possession.It is regarded as means for ending disputes and restoring order. And it is prescribedexpressly by the civil code of many countries and regions. With the advancement ofnational legal system, China also incorporates possession into the new revised realright law, while the protection is not done well enough. In view of this, the authorwould like to conduct study from this aspect, so as to make contributions to theimprovement of protection system of possession in real right law in China.The detailed content of this paper is as following: firstly, on the basis of theanalysis on various theories, this paper indicates that possession is a fact. Besides, theorigin and evolution of the possession protection from the perspective of historicaldevelopment is investigated. Moreover, this paper lists various theories of thetheoretical foundation about the system of the possession protection, and puts forwardown ideas. Secondly, this paper lists methods and measures for protecting possessionunder the framework of real right law, and makes analysis on the concept, categories,exercising problems one by one. Thirdly, the paper evaluates and analyzes thelegislation of possession protection in China, and compares the legislation of severalcountries and regions. Thus it proposes shortcomings in the legislation of possessionprotection in China and its reasons. Finally, after the comprehensive analysis on thelegislation in some developed countries, the paper puts forward some suggestions toperfect the legislation of the possession protection in China.