占有制度源于古罗马,经中世纪日耳曼法和近代资产阶级立法两个阶段的演化,渐趋成熟,经清末法律现代化运动引进我国。近年自我国台湾地区民法学界再度转引至我国大陆后,我国学界的占有理论出现了一种极左的倾向。本文拟从基本法理、民法占有的 The possession system originated from ancient Rome. After the evolution of the two stages of Medieval German law and modern bourgeois legislation, it gradually became mature and was introduced into our country through the legal modernization movement in the late Qing Dynasty. In recent years, since the people’s law circles in Taiwan of our country re-transferred to mainland China, the occupancy theory of our academic circles has shown a far-left tendency. This article intends from the basic law, civil law possession