被现代各国民法所确认的占有制度起源于罗马法。但是关于占有在性质上应该是一种事实还是权利,在各国的立法上和学说上都存在这不同的看法和主张。本文将针对占有性质的不同学说,分析学说争论的原因,从而在占有是事实还是权利的学说中进行抉择,认为占有是一种法律事实具有合理性。 The system of possession, as recognized by the civil laws of various countries, originated in the Roman law. However, whether the occupation should be a fact or a right in nature should have different opinions and propositions in the legislation and doctrine of various countries. This article will analyze the reasons for the controversy of doctrine according to the different doctrines of possession, so as to make a decision in the doctrine of whether possession is fact or right, and hold that possession is a kind of legal fact and is reasonable.