On The Nature Of The Possession

The existence of possession is accompanied by the history of the development of human society. And possession is a very basic concept with long history. The possession is the characterization of property in civil law.It is the fundamental power of property. It has fundamental significance in the field of civil law. However there is no uniform definition of the concept of possession in law theory and legislation file. On the nature of possession, in the theory of civil law and civil law have different knowledge and regulations, including the fact that, right, eclecticism, legal relationship theory, power etc.. Chinese property law in a single series of possession system regulation, but still failed to make the nature of possession confirmation. This article altogether is divided four parts to possess properties analysis and research, through the various stages, various regions research results of the collation and comparison, and doctrinal analysis, from the scholars of each country have qualitative and evolution looks, contact the property law in China, to explore the nature of possession, came to the conclusion that the law of our country should be the determination of the nature of possession as fact, and, under the condition of market economy, will have characterized as fact is more advantageous to realize the goal of the possession system of value.The first part discusses the historical nature of possession. Rome law and the Germanic law is civil law of continent law system of the two major sources, all modern countries and regions the possessions in civil law system development is also affected by the two major sources of influence. Back to the origins of history study, possession system in civil law, is helpful for us to better grasp the nature of possession.The second part is a comparative research of possession in civil law system of modern countries and regions the. In France, Germany, Japan and Taiwan of China and other countries and regions of the civil code of the possession system is stipulated. The part of its characteristics are introduced and the definition of the nature of possession to explore, to understand the legislative environment legislation to have the property of choice.The third part discusses the academic nature of possession. This part of a surrounding the nature of possession theory controversy most representative factions doctrine--the fact that, say, eclecticism, legal relationship theory, power is discussed respectively, and by comparing the process and methods of jurisprudence has carried on the comparison and comment.The fourth part is to Chinese civil law in possession of the property is discussed. The first part briefly introduced China's property law before the promulgation of civil law in the development of ownership system and the definition of its nature; and then on property law of the relevant provisions of our country at present, discusses the legal system of possession of the property; the final conclusion, under the condition of market economy, will share qualitative for the fact that the more favorable the realization of the value of the possession system.