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Analysis of the effectiveness of possession law

Author: ZhiWeiWei
Tutor: JiaoFuMin
School: Yangzhou University
Course: Legal
Keywords: possession publicity effectiveness presumption of validity madeeffective protective efficacy
CLC: D923.2
Type: Master's thesis
Year: 2013
Downloads: 55
Quote: 0
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Abstract


After the introduction of the "Property Law", China’s civil law system has been greatly enriched. Tenure system as the "Property Law" compiled, has an extremely important theoretical value. Tenure system as the basis of the theory of civil law, and their research will help to eliminate the contradictions and differences between the property law system, improve the property rights system, but also can promote the attention of scholars tenure issues, possession theory will become increasingly depth, is conducive to constructive possession system is becoming more perfect and mature. In addition, the tenure system there is a very strong practical value. The system is conducive to safeguarding the stability of the social order, with recognition of the right to function, has played an extremely important role in the normal functioning of the market economy. Today, China’s rapid economic development, economic output has been ranked second in the world, has significantly improved the quality of life of the people, has a variety of uses for the property, feel free to rem transfer, disposition, and possession often is a prerequisite condition. Possession is a fact that the person in possession should be protected in law, even if the person in possession of a thief or robber should also be protected by law, because the tenure system maintenance is a matter of stability and order. China issued in2007,"Property Law" will occupy set to one, enough to show the importance of the tenure system. The paper selected in the possession of some of the important system as the research object, to the possession of the history, the possession of the publicity effect, possession of protection and improvement of the tenure system in China to do in-depth analysis. Due to the limited level of the author, but also difficult to fully grasp the tenure system, but I still have some of their own views. First of all, I occupy qualitative fact, because it is a good safeguard the rights of the occupants, or the right to occupy qualitative, then the person in possession must prove that he is the owner, thus increasing the responsibility of the occupant is not conducive to material the circulation and exchange. Second, China’s "Property Law" in the possession separately as a series, but only five provisions, there are many deficiencies. I think we should create a preemptive system, rights of possession constructive system, acquisitive prescription, self-help system, only the system was established in order to have a more perfect system of possession.This introductory part is divided into four parts:The first part is the introduction to the origin of the tenure system, as well as in the modern development of all countries, the possession of the nature, characteristics, tenure systems to form a holistic understanding. Furthermore, the analysis of the theoretical basis of the tenure system, deepen the understanding of the tenure system.The second part is the core of this paper, the specific analysis occupies the effectiveness of specific forms, including the possession of the publicity effect, holds the right to presumption of effectiveness of possession rights made effective as well as possession of protective efficacy. To render their possession of the effectiveness of specific content, so that people fully understand the characteristics of the tenure system and its unique value, so that the tenure system has been widely accepted.The third part analyzes the "Property Law" in China tenure systems and the lack of concrete evidence tenure system in China there are still a number of shortcomings, our share legislation bona preemptive acquisitive prescription, possession of the right to the presumption and self-help is not yet done the relevant provisions of the legislative provisions currently occupies far can not meet the daily needs of the people, deserve further improvement.The fourth part is the last part of this article, mainly from the tenure system legislation will establish the basic guiding ideology and perfect possession legislation specific system design described in detail in the hope that they can be absorbed in future legislation, thus enabling our the tenure system is more reasonable, substantial.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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