A Study On The Possession System Of Civil Law In The Early Republic Of China

Possession refers to the fact of content of tube,it is a state of facts.There is no possession law in the inherent law of our country.The draft law of the qing dynasty introduced the possession system for the first time in China,but before it was promulgated,the qing dynasty was doomed.In the early years of the republic of China,the civil effective part of the current law was regarded as the basic law of civil law,but only the provisions on the door of no stolen goods and the door of lost goods involved the adjustment of possessive relationship.Under the circumstance that the laws formulated at that time could not meet the needs of the adjustment of possessive relationship,Dali court established a systematic civil possessive system for the beginning of the republic of China by adopting civil cases,inheriting the German civil law and relying on the principle of modern possessive system.Based on the judicial data and applicable rules of the Dali court at that time,this paper,by means of literature analysis,historical analysis,empirical analysis,comparative analysis and other research methods,reconstructs the structure and content of the civil possession system in the early republic of China,in order to fill the gap of the current research on the civil possession system in the field of legal history.At the same time,the article also tries to summarize and analyze the characteristics and causes of the possession system of the civil law in the early republic of China,so as to provide reference for the improvement of the possession system of the civil code in the future in such aspects as basic spirit,rule design and method path.In addition to the introduction and conclusion,the article mainly consists of four parts.The first part studies the historical origin of the civil possession system in the early republic of China.Firstly,the paper analyzes the concrete manifestation of the possession system in China before the early republic of China.Including the period of slave society and the feudal era。The second part restores the basic content of the civil possession systemin the early republic of China.The possession system of civil law in the early republic of China covers the meaning and classification of possession,the acquisition and elimination of possession,the effectiveness of possession and the quasi-possession.The third part summarizes the main characteristics of the possession system of civil law in the early republic of China.The just value of the possession system in the early republic of China was realized mainly through the system of acquisition in good faith,while the value of order was realized through the constructive effect of possession.The second is the systematic content of the following German possession system.The third is the deficiency of the case law of Dali court to supplement the possession rule.The fourth part explores the modern enlightenment of the possession system of civil law in the early republic of China.It is concluded from the comparison between the early republic of China and the current social situation that the purposeful value of the possession system should be precisely positioned to implement the idea of making the best use of everything and give play to its intrinsic value of efficiency.The second is to enrich the rules of possession system in the civil code.The third is to perfect the possession system by using civil cases.