Liability On Damages Of Infringing Possession

The nature of possession is fact.Almost every country's law provides protection for possession.Possession itself has the protection function,which can maintain the legitimate social order and guarantee the normal life.Therefore the civil law generally provides the right of claim for protection in order to maintain the peace of the society.However,it is not enough to maintain the social order as the theoretical basis of the liability for damages.The reason lies in the legitimate interests behind the possession.From the legal perspective,Although "Property Law" the provisions of the 245 th has the liability for possession damage,but the article has no detailed regulations.Possession belongs to the second objects referred to as "civil rights" in "Tort Liability Law".So the nature of the liability for damages is a general tort liability.In researching the liability for damages,we should be combined with the two laws to determine the constituent elements and the scope of liability.The liability shall meet the general elements of tort liability.The infringer has violated possession of tort behavior,which is illegal and there is no elimination of illegality.This behavior has caused some damage,and there is a causal relationship between behavior and damage.Infringer has the subjective fault,whether intentional or negligent shall assume tort liability.Under the premise of satisfying the above constitutive requirements,the tort liability is established and the scope of compensation for damages is also different.The fundamental reason for the liability for possession damages lays in the protection of proper interests behind the bearing,which we can call it the right.It can be divided into the right of possession and possession of unauthorized possession.According to the person in possession of subjective consciousness,it can be subdivided into Bona fide possession and Malicious possession.Under the current legal system of our country,the scope of the liability for damages is mainly manifested in the use,the damage of the income,the damage of the expenses and the damage of the liability.On the basis of the standard of compensation for damage,there are subjective and objective standards.In reality,it is more reasonable in accordance with objective standards.In the right hand,the person in possession of the damages claim of property right of damage to its own claim,claims damages claim and unjust enrichment claim frequent concurrence,possession and ownership of the right of claim for damage compensation also exists cross relationship.In order to find a more favorable way for the civil subject to seek relief methods,it is necessary to investigate the above competing relationship.The article is divided into five parts,the first part is the introduction,the second part discusses the theoretical basis of the responsibility and norms;In the third part,according to the constitutive requirements of the liability for damages,the article introduces the theory of the four elements,respectively,from the aspects of infringement,subjective fault,damage and causality;The forth part is the specific application of the liability for damages against the possession of the details of the scope of liability for possession of the damage compensation standard,the scope of compensation for damages,the standard of compensation,the method and the concurrence of claim are introduced in detail.