占有的本质再探讨--兼评《中国物权法草案建议稿》第417条

占有概念与物权制度密不可分。占有制度的发展，反映了占有与所有权分离的历史过程，占有具有三大功能：权利推定功能、权利取得功能、权利保护功能。中国应该构建所有权、占有与占有权、他物权三权鼎立的物权法格局。

Rethinking the Substance of Possession

The concept of possession is closely connected with the system of property right. Although this concept may cause misunderstanding, it has an important position in civil law. The development of ownership system has reflected the history of the separation of possession and ownership. At present, the possession has become an independent right and played a very important role. It has three functions: the function of supposition, obtainment and protection. The protective function of possession indicates that it is an independent right. The author suggests China set up a style of Ownership-Possession-other right.