传统法律文化中的物权法占有制度探析

On the Possession System of Property Law in the Traditional Legal Culture

我国古代素来是诸法合体、民刑不分,所以我国古代既没有形式意义上的民法,也没有实质意义上的民法,更别谈现代《物权法》意义上的占有制度了。其实,在传统法律文化中有许多关于占有制度的零星规定,这些规定散见于各朝代的法律文本之中,将其从中挖掘出来,加以系统的整理,不仅能找出我国古代的固有民法,还能得出许多有益的规律,同时对丰富我国现有的《物权法》中的占有制度的内容也大有裨益。

In ancient China, there had always been combination of all laws and independence of civil and criminal law, So there was not the possession system, which is ruled by our property law. However, there are some rules of possession system in traditional legal culture, which are ruled by the laws of some dynasties. To analyze these regulations will come up with some useful disciplines, which maybe useful for the improvement of the possession system of our property law.