The Research Of Unauthorized Possession Protecttion

The possession system is an ancient civil law system. Because of the need to adapt with the politics and economy at the time in various historical periods, there are different provisions which play an irreplaceable role in the possession system of modern society. Among that, the study on the issue of unauthorized possession protection has been the current hot research topic. The protection of unauthorized possession could not only reflect the spirit of civil law shown in modern society, but also reflect the significance on the protection of transaction security. The Property Law of China which is newly issued has recognized the importance of possession system and compiled the possession system as the single part which is significant in the history of civil law in China. However, there are only 5 provisions on procession. Moreover, most of them are principled provisions while the provisions on unauthorized possession protection are few which make the actual application become hard. This paper analyzes the relevant issues on unauthorized possession protection with the combination of theory of civil law and legal regulations. Hope it could be helpful to the actual application.This paper specifically elaborates the issue of unauthorized possession protection from the following four aspects. The first part analyzes the specific meaning of unauthorized possession combined with the opinions of different scholars and understands the specific meaning and classification of unauthorized possession. Besides, based on the formation of initial concept of unauthorized possession, it elaborates the legal basis and significance of protection on unauthorized possession with the combination of demands on law of modern life. The second part analyzes the systems of different nations on unauthorized possession protection to learn about the measures adopted by other countries, compare the difference of various systems of nations and find the theoretical system which is suitable for our country combined with the concrete national conditions in China. In the third part, according to the study on procession protection system including the unauthorized possession in Property Law of China, it specifically analyzes the protection on property possession of Property Law and focuses on the exploration of the issues of self-relief and claim of possession protection. In the fourth part, it has study on unauthorized possession protection in the method of creditor’s rights. Apart from the analysis on the claim of cost return of occupant, it also discusses the relief issue when the interest of possession is aggrieved from the perspective of infringement and relief to expect to make up for the losses of unauthorized occupant as much as possible.