Not Ownership Protection System Study

The research of possession which is an important institution of Property Law notonly is extremely important to the real right theory, in judicial practice also directlyaffect the coordination of individual interests, the maintenance of transaction security,the adjustment of economic relations, and even the stability of social peace and order.It is generally believed that protection of possession is the most important part ofpossession institution, and this paper further argues that protection of no right forpossession is the most important part of possession protection institution,and thecharm of possession lies in the protection of no right for possession.This paper is divided into three chapters. In the first chapter I discuss the basictheory of protection of no right for possession, the concept of possession defined asobjectively in terms of legal facts and in the nature of legal interests,and bydistinguishing the two groups of concepts of entitled possession and no right forpossession, no right for possession and illegal possession, To determine the concept ofno right for possession. After concept preparation,this paper discusses theeffectiveness of the protection of no right for possession institution and why theprotection of no right for possession is necessary and reasonable. At the end of thefirst chapter I probe into the claim basis of no right for possession institution, with thehelp of concept of rights of possession which defined as “the facts of law effect”, toillustrate the legal basis for protection of no right for possession.In the second chapter I study the history of protection of no right for possessionand the national legislations for reference on the basis of theories described,andsummarize and evaluate the possession protection legislation in our country.Romanlaw protect possession mainly through the writ and possession litigation and theGermanic law focus more on the protection of right of possession.The development ofprotection of possession in continental law system countries such as France, Germany,Japan are based on Roman law and Germanic law,but in the system design ofprotection for possession are different, with Germany’s protection of no right for possession is the most systematic, most worthy of reference.In the end of secondchapter this paper introduces the development course of protection of no right forpossession in our country, and analysis current protection of no right for possessionlegislation in our country.In the third chapter, as the core and focus of this article,I described theprotection mechanism of no right for possession in detail.The protection mechanismof no right for possession can be divided into property law protection mechanism andcreditor’s rights law protection mechanism.In property law protection mechanism, Iprobe into the necessity and specific procedures of the right of self-help which noright for possessor exercises,the comprehensive building of Litigation rights forpossession and the relation of possession of litigation and right of litigation.Increditor’s rights law protection mechanism, the theoretical basis and systemconstruction of creditor’s rights law protection for no right for possession weredescribed in detail from the the two aspects of unjust enrichment claim and tortdamage compensation claim,so as to build up relatively systemic and perfectprotection system of no right for possession.