On The Possession Of The Lawsuit

The lawsuit of possession is the embodiment of the protection of possession in the procedure,and it is also a hot and difficult issue in the civil litigation.The lawsuit of possession can be traced back to the period of the Rome law.At present,the main types of property rights in our country are about the confirmation action.In civil cases,the provisions of the real right is to guarantee the ownership,it is also use to resolve such disputes or become the prerequisite for solving other property disputes.As for the protection of the litigation,the theory and the legislation mainly include the claim of the possession of the possessor.The fact of possession is often used in the premise and seek the need for proof when the owner was sue,and there is no need to carry out the action of confirmation.However,there is no special procedure of possession in the procedural law of our country,so we need to establish the corresponding lawsuit in the procedure to solve the dispute of our country.This paper consists of three parts and it is:introduction,text and conclusion.The introduction part mainly explains the significance of the research,the research status at home and it uses research methods.The conclusion is the main content of the whole article.Following is the detailed introductions of the four parts:The first part is the basic theory of the action of possession.Among them,the concept of possession includes the broad and narrow meaning of the action of possession,and the related system of the lawsuit of possession which is written from the action of the possession.These systems are closely related to the possession of litigation,it is necessary to clarify the relationship between the possession of litigation and these systems.The second part is the historical evolution and Enlightenment of the lawsuit of possession.This article starts from the historical origin of the lawsuit of possession,it analyzes the lawsuit of possession in the period of the Rome law and the Germanic law,it is a long history.The lawsuit of possession is from the Rome law and the Germanic law gradually which evolved into the modern national possession action.It included Germany,France,Japan and Taiwan region.These countries have relatively mature provisions about the possession of lawsuit,this part explore the lawsuit of possession theory and analysis the practice of these countries in possession.The third part describes the theoretical significance and practical value of the possession of the lawsuit in our country.The theoretical significance of the protection in the main embodiment is simple and fast,without the protection of the right to protect the rights,the interests of the parties cannot be described.The practical value of judicial protection is very important,it is necessary to create a new procedure to protect our own.The fourth part describes the preliminary idea of the construction of the lawsuit of possession.This part discusses and clarifies the claim of possession of the parties,the lawsuit of possession jurisdiction and the lawsuit of possession of counterclaim suit of possession of the main problems.We hoped that the establishment of this system can promote the perfection of our country's procedural protection on the procedural law,believe it can also bring the system of possession to China's civil procedure law as soon as possible.