Study On Damages Of Infringing Possession

The nature of possession is fact or right,and there is still controversy in theory.Possession carries the legal protection of interests,so the law has many protective measures.Civil law usually provides the right of self-help and the claim for possession protection.The legal system is to maintain the existing status of the facts,in order to achieve the purpose of maintaining peace and order.However,the maintenance of peace order theory can not provide theoretical support for the liability for damages.It is the theoretical basis for the protection of the object of tort and the liability of compensation for damage,which carries the legal rights and interests of the owner and the specific subject.The 245th regulation of Real Right Law of china stipulates the liability for damages of possession.However,the nature of the claim of possession protection and tort claim for damages are still in dispute.This paper defines from the aspects of both the value orientation and the form of liability,views that the possession of compensation liability is tort liability.At the same time,the infringement of possession should be based on the fault,so The 245th regulation of Real Right Law can not be independent as the basis of claim for damages.In this paper,on the basis of the experience of extraterritorial legislation and theory,I try to analogize "other rights"of the second of Tort Liability Law,or build "to explain the path of tort type so as to clear the basis of claim right of violation of protective law",but these methods can not justify.In the end,the author holds that the possession is interpreted as the legal protection of property interests,which is included in the scope of protection of the tort law,and to determine the basis for the claim of possession.The act of infringing possession usually causes the damage of the use of the owner,the damage of the expenses and the damage of the liability,and the possessor who can claim compensation for the damage to the infringe should be discussed in detail.In this paper,the use of the type of method,will be divided into the right to possession and unauthorized possession,and further divided into possession of good faith and malicious possession,in the form of different types of damage to discuss the scope of compensation.And the right to possession sharing the right to rely on the content,the unauthorized possession of subjective goodwill and malicious and law possession and recover the rights and obligations between the person,can affect the possessor in possession of the scope of compensation for damages claim。...