On The Claim Right Of Possession Damages

Possession system to set up the aim is to maintain the stability of the current state of and to maintain the social order of peace,so there have protection of right of claim,but unlike possession for protection,the establishment of the damage compensation claims based on not only possess state of facts,and possess is related to the interests of the people for a possession.Possession damage compensation claims was stipulated in China's "property law" article 245,but it did not say to the right of claim constitutive requirements,at the same time within the scope of indemnity is not very clear,this leads to some problems in the judicial practice in our country,academic circles is controversial.The main disputes are as follows.First of all,what is the nature of possession,the right or the fact?Secondly,the nature of the claim for damages is the right to claim or claim for damages.Third,whether 245 of the property law,which is the direct and normative basis of the claim for compensation claims,can become its independent normative basis or is actually indicative specification;Fourth,What is the scope of the possessor's claim for damages,Our laws say nothing about it.The author in this article that possession is a kind of facts,and possession is tort compensation claim for compensation for damages instead of the real right claim,the reason with the possession of protection of right of claim is stipulated in the property law at the same time,lawmakers may just be a legislative arrangement,and the property law is not indicative of article 245 of the specification,and should be independent of standard,in the end,What is the scope of the possessor's claim for damages?There are disputes in the legal field and practice,This paper will discuss the scope of the claim for damages between the possessor and the non-possessor.This paper will be divided into four parts:the first part discuss the possession of theoretical basis for compensation for damages,including the nature of the related theories and possess the elements,and protection of related theory;The second part analyzes the normative basis and nature of the right to claim for damages and puts forward the existing problems of the right to claim for damages in China.The third part discusses the possession of the components of the liability for damages,such as imputation principle,damage and damage as a result,the fourth part mainly discusses the classification of different people in the scope of damages.