Research On The Possession System In China

Possession is one of the most common in the daily life of content at the mercy of the state,as a kind of system of civil law history dates back to Roman law period.Though since it produces,has long been regarded as the history of mankind forward complex and obscure abstruse,one of the most controversial civil law system,but with the Roman law and Germanic law fusion,is still in Germany,Japan,Switzerland,preserved in the civil law of continental law system countries?regions? and development.The main reason lies in the system of possession with maintaining social order,to ensure the safety of transactions,and other important values.And for the special national conditions in China,has been the possession of one of regulations for the ownership of a power failure to cause enough attention,lawmakers failed to set up independent,perfect system of possession.With the rapid development of market economy,to meet the needs of the judicial practice,quickly and efficiently solve the disputes caused by possession in real life,the "property law" promulgated in 2007 in China,will have a single,in general,ownership and principle,although only a simple 5 law,still marked the establishment of possession system in China,is of great significance.But possession system itself is a controversial system,system of our country has thin and not perfect in the legislation,more criticism.Therefore,it is necessary to re-examine possession system in our country.This paper is divided into five parts in the structure,its main content is: the first part simply introduced the first possession system research background,research in our country were described in this value significance of possession system;The second part introduces the system of possession of basic theory and related theory;The third part focuses on the legislation practice in civil law countries?regions? or regions,the civil code of Germany,Japan,Switzerland and Taiwan area related to the possession system in legislation;The fourth part through examining the history of the possession system,trying to possession of stipulated in China's property law system in the constitutive requirements,the classification,possess presumption,the fourth part through examining the history of the possession system,trying to possession of stipulated in China's property law system in the constitutive requirements,the classification,possess presumption,the rights and obligations of people as well as possess protection analysis research to find themissing and the insufficient part;The fifth part improving Suggestions to the lack of possession system in China.