Study On The Legal Issues Of The Right Of Possession Of Protection In China

With the development of the commodity economy and the change of society,the public awareness of property protection is increasing.The value of the claim of possession protection,which is equally important as the right of property protection,is gradually magnified.As a system of protecting the fact and social order,the claim of possession of protection itself embodies its own "independence" and "shortcut".However,in the judicial practice,the claim of possession protection has not been optimized,but the same as the protection of property rights for the protection of the property rights of claim are widely used.As a matter of fact,the right of possession protection is the dual protection of property protection request right,the two are not exclusive,compatible and complementary,but can not be replaced each other,which has relative "independence".The claim of possession protection and the right of property protection is to protect the property rights and interests along the different tracks.Therefore,there is no fundamental conflict and the possibility of "fighting for the living space" between the two systems.With the rapid development of social development in China,the value of the right to claim the right of protection will continue to be concerned,and its real role will be used by the society.This article will take two cases of judicial practice as the breakthrough point and analysis basis,and analyze the claim of possession protection in our country from three aspects.First of all,the paper analyzes the requisites of the exercise of the claim of possession protection.Starting from the exercise subjects,the objective facts,the reasons of illegal obstruction and the relatively controversial exercise period,the essentials of the right to claim the possession protection are determined through the analysis of cases.Secondly,it analyzes the relationship and definition between the right of claim for protection and the request for the protection of real right,and focuses on the selection of the remedy standard when the right of claim for protection is concurrence with the request for the protection of real right,as well as the way ofrelief when the right of the parties concurrence.Finally,the problem of the protection of unauthorized possession is analyzed.Is the main rules of the claim of possession protection and property protection claim for unauthorized possession from the analysis,and focuses on the analysis of the claim for protection of unauthorized possession and the claim of possession protection against unauthorized possession and protection of property rights and the relationship between the real right person to the defense of the problem.This article from the above three parts analyze the claim of possession protection,and strive to use logical analysis,the content of a comprehensive theory,combined with judicial cases,theoretical value and practical significance to protect the right of possession of the fully embodied,awaken society to the claim of possession protection concerns and provide a useful reference for the society.