Study On Property Claims System In China

The basic concept of Property claims was proposed by Josef Hubert Bernhard Windscheid, a German scholar, who deprived it from law, originating from Roman Law System. Debates are commonly in the definition of Property claims, while all theories point out the main problem, that is, the self-existence of property claims. The laws, such as The General Principles of Civil Law, Tort Law of the People's Republic of China, Property Law, all set regulations on content of property rights. Nevertheless, un-unified theory in civil law protection systems for various branches leads many problems in judicial practice of property protection. From the perspective of theory, Tort Claims Method and Property Claims Method are the mainstream. From the perspective of judicial practice, lacking of claims thinking and confusing law for property protections are the major consequences. By analyzing verdicts of deputes on property protection, the legitimacy of property claims is more and more important, firstly, there are differences between property claims and other claims-, secondly, Property claims can offer relief to proprietors; thirdly, a single mode does harm to inner harmony of the tortious liability system. China has to complete the property claims systems, but not to kink about choosing the mode of property protection. With the guidance of fairness and justice, China should make practical judgement for property claims, optimizing it on the basis of the existing law. For examples:classify the types of property claims and establish a system of property claims on the basis of right over the property of another.