论我国民法对占有制度的发展与完善

On the development and consummation of the possessive institution in Chinese civil law

占有制度的建立与完善对我国的立法和司法实践均有重大意义。《民法通则》、《合同法》、《担保法》等现有法律没有建立起完整的占有制度 ,我国正在制订的《物权法》在善意占有等方面做了规定 ,为我国占有制度的完善起了铺垫作用。但占有制度的发展将涉及法律理念的创新和相关制度的建立 。

The establishment and consummation of the possessive system are very significant to the practice of legislature and jurisdiction in China. Although some available laws such as 'the General Civil Law', 'The Agreement Law', and 'The Guarantee Law' did not yet establish any complete possessive system, 'The Law of Possession' in draft has defined the kind possession as a primary step to the consummation of the Chinese possessive system. In any way, the development of the possessive system will be concerned with the innovation of law concept and the establishment of the relevant institutions. This is a task over long time.