Legislation Perfection Of China 's Possession

In Rome period,Possession had appeared, now it continue to bear the maintenance status of possession, with the function of the dispute. The differences of historical development process of all countries and regions as well as the law based on tradition, in the formulation of possession system, also be quite different, difference. Although our country has the possession system given regulation, and have an independent, but the content of legislation is its loopholes appeared one after another., weakened the possession is function, there is damage to the legitimate rights and interests of the person in possession of the phenomenon. To eliminate the unfair phenomenon obviously this, the most important thing is to perfect the legislation. The structure of this paper is divided into four parts, the main contents of each part are as follows:The first part mainly introduces some possession in civil law of value and the basic theory of system of possession, possession in civil law value mainly from the possession of independent significance, itself has the maintenance of market transaction security function and improve the system of real right law to carry on;Theory of possession, mainly analyzes the concepts, characteristics, elements and classification. In the nature of possession mainly expounds the’truth’and ’right’ two views; the elements mainly introduce the subjective, objective and pure objective that three points of view; in the concept is introduced some of this legislation legislation. The second part mainly compared to individual countries in possession of the system on the legislation, for later reference and learning; the third part mainly analyzes the necessity of possession system inadequate legislation and perfect the system of possession; the last part analyzes the feasibility of improvement of possession and to put forward suggestions for perfecting the possession system in our country.