China's Possession Of The Construction Of The Protection Claim System

Ownership and use of the object is the core of resources of materials,which composes the real right structure of ownership and possession in legal system.In modern times,the social development does not only emphasizes ownership of the object,use of the object is more important.Therefore,the research of the possession is significant.According to the theory of "no relief no right",the sufficient relief is the basal requirement of the possession after the possession suffers damage.However,the rules about the possession claim is not perfect.In order to protect the possession better and give full play to the value of the possession system,it is necessary to research the construction of the possession claim system.This paper consists of four parts as following:The first part is the basic theory about the possession claim,and this part is the basics for text.The author analyzes the nature of the possession and concludes the viewpoint of this paper is the legal interest nature of the possession.This viewpoint lays the foundation for later chapters.The discussion on the sorts of the possession,emphasizes the different significance,involving the use of the possession claim.The analysis on the nature of the possession claim,paying attention to its relief.Then,the establishment on the system of the possession claim goes round with this.The value of the possession claim system includes the value of order,the value of fairness,the value of efficiency.The legal value of the possession claim system influences the function of the possession claim system.The second part analyses the shortage of the possession claim system of China.The main shortage of it is the shortage of the legislation mode and content.About the shortage of the legislation mode,the author analyses from the perspective of the nature,obligation and responsibility and logical structure of Real Right Law;the shortage of the legislation of content is not enough abundant and is too abstract.For example,about the same the possession claim,different sorts of possession have different definitions.Furthermore,it exists the confusion in terms of the relation between the possession claim and the claim of real right.The third part investigates the main continental law system countries in relevant legislation.The author analyses the relevant legislation of German,France,Japan and Italy,in order to make a reference from foreign countries.The forth part discusses the construction of the possession claim system.First,analyze the foundation of the construction of the possession claim system,and the considering range should not be defined to the circle of Real Right Law,considering the compatibility of the system.Then,discuss the construction way of the possession claim system.The content of the system consists of claim in sort,unjustified enrichment claim and no administrative request right.The useful condition is different according to the specific claim.And supplement several special sorts of possession.