On The Right To Possess Protection Claims

The 245th of "Property law" will be the protection of possession is seized in the form of law stipulates that the rules presented in violation of public aid force. Relative to the content of this right, for the possession of the protection of the present a certain particularity, the stipulation that the date of occurrence of the occupation of the occupants in a year can exercise the right of claim of return the original items. For definition of possession protection of right of claim, we adopt the fact that possession is a state of facts, but not a right. As the spirit of the law of our country to protect a state of possession of the facts as well as to the harmonious social order maintenance, the obligee only needs to prove to be occupation has led tube and control the fact that, without having to prove the existence of the power itself. Holds itself can be divided into various types. However,in the maintenance of order under the guidance of the spirit of the law, whether bona fide possession or malicious also protected by the "property law" the 245th, while the "property law"article 242, 243, 244, the different subjective condition has responsibility to bona fide possessor and of great significance to distinguish between being malicious, this will lead to both the content of the responsibility of the damage compensation, to undertake the duty of the fruits of return all of the original, whether can gain possession during the corresponding maintenance costs and because of the thing to the compensation is different. The protection of right of claim including possess return the right of claim, the breach of rule out claims and possess prevent claim.Relative to the real right claim, possession of protection is the protection of possession of facts, not the real right of claim, aimed at protecting the rights of determining, ownership, or principle of protection of right of claim is based on the possession of, whether it is a bona fide possession or malicious possession, the oblige only needs to prove after the stolen things have led tube and control the fact that the right to appeal can be made, which have the suit. To some extent,the protection of possession is more fast and convenient in practice, and not to the right of suit is the premise. But possession of lawsuit and have no right to suit, there are two independent lawsuit,occupies a suit in practice can not replace the right suit, and determine the final status of content.Possess relative to the right of litigation generally take simple procedure or civil special procedure, holder just need to prove it has possessed the facts can at the same time, avoid the multifarious process, simple and fast action. It guarantees the right of holder as soon as possible and save much time. But now there is no single set of proceeding in our country, and there is no procedural law on the basis for the obligees'in fact.This article obtains from the possession of the definition, and through the partition and comparing different types of possession, and analysis foreign protection system compare to our country focuses on the division of possession, developing of the right in the future, analyzes the characteristics and to the litigant to build our country in my own views, to search for the perfection of possession protection of right.