占有的重新定性及其实践应用

The Re-determination of the Nature of Possession and Its Practical Application

在类型化占有产生形态的基础上,借用霍菲尔德的权利理论对占有的性质进行探讨具有一定价值。在法律不考虑其产生原因皆予以保护的意义上,占有具有事实属性;在考量其正当性保护基础的意义上,占有在具体的法律关系中又具有多样的权利属性。占有性质的重新理解能够使占有制度发挥更为丰富、有效的实践功能。

The article reexamined legal nature of possession based on the classification of possession and the Right Theory of W. N. Hohfeld. On one aspect, possession is one kind of facts for that its protection has no relationship with the original occurrence of possession. On the other aspect, possession is one kind of fights for that all kinds of possession are particular legal right in special legal relationship. As a legal system which regulates the legal relationships of things, possession has profoundly and effectively practical functions.