The Analysis Of Possession Protection

The possession system originated in Roman times. It is the basis ofthe Property Law，also an important part of Real Law. The newly Real Lawsets up chapters to provide the possession system and thus shows theimportance of the possession system. Possession, although an old system,has been continuously developing and improving. But its nature has beendiscussing and inconclusive. Scholars in our country give very few studieson such an important system, while infringing possession cases occurfrequently in our life. The interests of possession unavoidably had beeninvaded. Therefore, approaching the civil duty of infringing possessionis necessary.In this paper, besides the preface, there are three chaptersdiscussing on the possession related issues.The preface tells the value of possession system and its studysituation in our country. Studying possession system is conducive toprotect the possessor’s interests, also defines the civil responsibilityof infringing possession. This is necessary to improve our country’s lawsystem, also to the justice practice.Chapter one, the first section describes the related theories of thepossession nature, mainly introducing and evaluating the right and thefact. The second section elaborates that possession is a personal interest and protected by law, so that it becomes a legal interest.Chapter two discusses the possession protection in the Real Law. First,the forms of infringing possession include invade to grab, to jeopardize,to damage, and loss. Secondly, the possession protection in the Law ofThings comprises self-help right and claim right of possession protection.Self-help right comprises possession defense right and possession recallright. Claim right of possession protection includes claim right ofpossession return, claim right of abatement of nuisance and claim rightof elimination of dangers.Chapter three，firstly, discusses that infringing possession shouldbe protected by the tort law. And then it tells that the range ofcompensation for damages includes use of proceeds, necessary cost,beneficial cost and liability damage. Finally, we put infringingpossession in contrast to the rights of infringement and restitution ofunjust enrichment.Through a deep analysis in the possession nature, we find thatpossession is a legal interest. And from the Real Law and tort law, wediscuss the protection of infringing possession, so that to effectivelyprotect the interests of the possessor, to maintain the stability of thesociety and defines the civil responsibility of infringing possession.