略论占有制度的立法模式及对我国的启示

On the Legislative Model of Occupation System and Its Enlightenment to China

占有制度在我国现行民法中尚属空白,但占有制度本身具有强烈的价值宣示功能。它能够弥补所有权制度、他物权制度和债权制度在占有保护方面的功能缺陷,鉴于此,笔者主张:应借鉴各国立法的先进经验,并结合我国国情,在我国即将制定的《民法典》之物权编中建立占有制度。

The occupation system has a strong value declarative function,but it is a blank space in the civil law in operation of China. Occupation system is capable of redeeming the functional drawback of ownership system,system of right in a thing under the control of another,and claim system in the aspect of possesion protecting. In view of this, the author advocates that we ought to establish occupation system in the part of right in rem in the'Civil Law 'that is to be made in our country, using the experience of other countries for reference in the light of the conditions of our country.