Law Of Property Occupies Protection System To Explore

This text regards possession as the research object, based on the status of China's property right legislation, and regards the systems of possession protection as the research center. The author trying to compare the systems of possession protection of our country with the traditional legal doctrine, so that to analyze the theoretical basis and the option of value of China's property rights legislation. Based on the above general ideas, this article divided into three parts as follows: the first part beginning with the legislation status of our country, compare the theory of draft of civil law with the property law. And analyze the protection of possession, which is the core of possession system, to probe into the means of legislation and values of our country.The second part beginning with the important documents of construction on possession, and analyze the protection of real right and obligation in possession. At first, author probe into protection relying on oneself to relieve right and possession and protect the right of asking for and possession according to the traditional theory and legislation of our country. Further, the debt law is protected as while possession the main way to protect, have probed into the problem in the debt law protected of possession from encroaching on two respects of unjustified enrichment and compensation for damage possession. At last, attempt to analyze the right and obligation between possessor and the person who have the lawful right.Finally, begin with the ownership from the first possession, which has not stipulated in our existing legislation. The author hopes to start with the relationship between the protection of possession in many systems, trying to compensate the system deficiencies with the application in reality of the theory of possession protection through the conclusion of above analysis, so that to give more comprehensive protection to the possession.