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【裁判要旨】占有是一种事实,而非权利,所以在占有保护纠纷中法院无需查明占有人是否有权占有,只要查明客观上存在占有事实,该占有事实就能受到保护。人们对物的现实占有状态应受到保护,任何人不能以私力改变占有现状。占有保护纠纷之诉是以恢复原状为目的的应急措施,并不从根本上解决当事人之间的矛盾。占有人的占有得到保护后,如另一方认为其对争议物拥有实体权益,可基于本权另行起诉。
The purpose of the referee is possession is a fact, not a right, so in the protection of disputes the court does not need to ascertain whether the possessor has the right to possession, as long as the objective existence of ascertaining the existence of possession, the fact that possession can be protected. People’s real possession of things should be protected, and no one can change his status quo illegally. Possession of the protection of disputes is to restore the status quo as the purpose of emergency measures, does not fundamentally solve the contradictions between the parties. After the possessor’s possession is protected, if the other party considers that it has an entity interest in the dispute, he or she may separately prosecute on the basis of its own right.