善意占有人与恶意占有人权义制度完善研究OA

In China,there are two types of unauthorized possessors:bona fide possessor and mala fide possessor.Taking the obligation to return fruits and the right to claim necessary expenses under Article 460 and the liability for damages under Article 461 of the Civil Code of the People's Republic of China as the starting point,this thesis examines the existing legislative provisions.The bona fide possessor should be exempted from the obligation to return the fruits,and the mala fide possessor should be granted the right to claim necessary expenses.The mala fide possessor should bear fault liability for the damages or loss of the possessions.Drawing on the legislative examples of other countries and regions,comprehensive consideration should be given to balancing the rights and obligations of the claimant-possessor.