占有制度的建立与完善对我国的立法和司法实践均有重大意义。我国已经颁行的《物权法》把占有作为一编专门规定,为我国的占有制度奠下了基石,但是其整个一章只有5个条文,内容极其简陋,缺失了许多关于占有的重要制度,尤其是对于占有制度中最核心,最重要的占有效力问题,几乎没有做任何规定,使得占有一章的存在价值几乎荡然无存,其应有的立法作用也大打折扣。本文借鉴了理论界的主流学说及比较法上的优良制度对占有效力进行阐述分析,对我国《物权法》的得失进行评论。 The establishment and perfection of the possession system have great significance to our country’s legislation and judicial practice. The “Property Law” that China has already promulgated takes possession as a special provision of a series of books and lays the cornerstone for our country’s possession system. However, its entire chapter has only five articles, which are very crude in content and lacks many important systems of possession, in particular Is the most important and most important occupying force in the possession system. There is almost no stipulation that the possession of a chapter has almost no existence value and the due legislative role is also greatly reduced. This article draws lessons from the mainstream theory of the theory circle and the fine system of the comparative law to expound the validity of possession and comment on the pros and cons of “Property Law” in our country.