占有是人类对物最古老的支配形态，而占有制度诞生起就承担了维护财产秩序的、定纷止息的重任。受到我国物权法占有制度立法以及社会观念的多重影响，无权占有的法律保护一题的探讨甚微，并在理论与实践存在许多盲点。本文以占有的基本概念为引子，探讨大陆法系国家和普通法国家关于占有制度的学说与立法，试图寻找无权占有保护的价值，并结合我国占有制度的立法现状和学说背景，试图找到无权占有的法律保护基本框架。

It is well known that possession is the oldest and most common means of controlling the object. Since it was formed, it has been playing a key role in maintaining the stability of the property order. Affected by series of causes the protection of not entitled possession has some blindness in the field of theory and practice. As a start, this paper depicts fundamental problems of the protection of not entitled possession. Then it focuses on the institution of the protection of not entitled possession in the perspectives of continental law countries and regions and common law countries. In this paper the value of protecting the not entitled possession has been tried to find. Combined with the Chinese Property Law and the academic background in our country this paper attempts to discover the basic structure for the protection of not entitled possession.