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在我国物权法占有编的相关条文中,出于恶意的主观状态,占有人对占有物的必要费用求偿权无法律上的明文支持,在遭遇占有物毁损灭失之情形时,无论占有人是否具有过错均需要对本权人承担全额赔偿责任。此种立法例实属不妥,有悖于物权法物尽其用的原则,不利于占有物之保护,也有悖于民法的填平原则,造成恶意占有人和本权人之间的利益不均衡。基于以上考虑,建议对恶意占有人的合法权益也应当予以保护,并在立法上进一步完善占有制度。
In the relevant provisions of the property law of our country, for the malicious subjective state, the possessor has no expressly legal support for the claim for the necessary expenses of the possession. In the event of loss or damage of the possession, no matter whether the possessor possesses Faults are required to assume the full liability of the owner. This kind of legislation is actually inappropriate, contrary to the principle of making the best use of property law, is not conducive to the protection of possessions, but also contrary to the principle of the civil law to fill, resulting in the interests of malicious owners and the owner is not balanced . Based on the above considerations, it is suggested that the lawful rights and interests of malicious occupiers should also be protected, and the legislation should further improve the system of possession.