Research On Legal Issues Of Unauthorized Possession

Unauthorized possession protection system is possession of protection essence is, in our country the property law, formally promulgated before the implementation, our country law there is no regulation system of possession, in October2007, the formal implementation, it will have a compiled as an independent, although only five provisions, a lot of content is not perfect, but in the Chinese it has an important progress is. We have to protect the system has an important meaning, first of all, is easy to realize the best use of it, improve the efficiency of the matter. Unauthorized possession through acquisition system rules for lawful possession presumption presumed possession, even if someone to its legality objection also must be in accordance with the legal procedures proof, thus avoiding the possession of the property of the state is in not safe, can ensure that possession and continued use long-term possession that create wealth. Secondly, facilitate the real right holder to exercise their rights. Even if is to be in possession of the subject matter to people owned, its can still according to the provisions of the law has effective protection and keep it in a relatively stable reality of ownership. Finally, facilitate we maintain good commodities trading order, constructing the harmonious social order. Unauthorized possession system to maintain the good things to the circulation of the possession and stability and smooth, in the protection has this in real time, and also protect the commodities trading in the interests of the bona fide assignee, make the transferee in economic activity in possession of produce trusty interest, so as to better promote the development of commodity economy.This paper studies the key in view of our country at present the unauthorized possession protection system existing specific problems, and in foreign related provisions of some of the foundation, proposed the Suggestions to perfect the system. At present our country from unauthorized possession of the protection system status, mainly exist in the following several aspects:first, unauthorized possession and shall have the right to the concept of possession is not a clear distinction; Second, the lack of presumed possession; Again, not about the provisions of the self-help; Finally, on unauthorized possession of the provisions of the claim for protection is not clear. This paper mainly discusses how to construct a presumption of rules and how to give has possession of the right of self-help, from the following three aspects:one is the possession of the rules of the presumption of the applicable objects, the author thinks that the object should be chattels and not have the real estate registration; two is presumed to have rules of the applicable scope, not only applicable to possessor himself, the third person can also claim to exercise the presumed possession accordingly; Three is the burden of the cart before the horse is the inevitable choice, by people who favor possession to the possession of the burden malicious burden. About give possessor of the right of self-help advice, this paper argues that we should from two aspects, one is possession defense right, own defense right means when possessions to be deprived of or other possession against use in possession that behavior, possession of the remedy of self can through the way to defense right; The other one is possession that recall, it is to point to possession for possession that have been against or obstructs the recall after exercise.