民刑关系视角下占有的法律问题-研究——兼评我国《物权法》占有制度的完善.pdfVIP

ABSTRACT Possession system that originates from Roman Law, has a long history. From the research of Germany, France, Japan and Italy, possession system has been and always be an important part of civil law. Meanwhile, possession is a paramount concept in financial criminal law. The regulations on possession in civil law differ from those in criminal law. Sometimes the possession system in civil law needs to learn from that in criminal law, on the other hand, the conception in civil law depends on what the civil law puts, so that the possession system in law will improve in the end. Property Law in our country has so few regulations on possession system, which ignores having no rights to possess, conceptualization of possession, etc. This reflects the backward in the possessive system in our country, which hinders the road of legal system. The perfection of the property law not only needs to be compared with the national legislation, but also with the criminal law of our country related to the specific concepts. The paper is aimed at discussing the conception and relative system on possession in civil law and criminal law these two perspectives, which consists of the introduction part, the main branch part and the conclusion part. The main branch part is divided into five main chapters. The first chapter introduces how important to make comparison between civil law and criminal law under the current law background, in order to make the comparisons on possession system in civil law and criminal law reasonable. The second chapter introduces the basic principles of possession compared with those in the criminal law. The third chapter mainly discusses indirect possession to point that the lack of our country’s legal system. The forth chapter is aimed to pr