Possession System and Development of Chinese Civil Law

The possession system,as an important part of real right,can date back to the times of ancient Rome.The possession system in Roman law has laid a foundation for the possession system in the civil laws of France,Germany and Japan,and so on.But there still remains disputes about whether the occupation is a right or a fact and to which object the occupation belong.The possession system plays an important role in China＇s perfection of legislation and Judicial practice.The General Rules of the Civil Law stipulates that possession is the powers and functions of the ownership;the contract law develops the possession system in buying and selling contracts;the law of security contradicts with the theory of the possession in the realization of the mortgage holdings.The significance of the possession system is recognized in the Law of Real Right under drawing in China.The definite stipulations are made in the preoccupation system,the imputation of find lost property,etc.,which plays a foreshadowing role in China＇s establishment of perfect possession system.