目前由于我国民法对占有制度的不重视，在占有的性质和分类上的不明确以及对占有推定制度上的不完善等问题导致了诸如法理上的漏洞并在现实中产生了许多社会问题。为了解决以上诸多问题，本文拟采用比较的研究方法，对罗马法及其影响下的几大大陆法系国家的民法典对占有制度的规定进行比较研究。通过法的继承和法的移植等方法，从占有的定义和地位、占有的分类以及占有的推定三个方面入手，明确我国法律有关占有制度的规定，提出符合我国国情的具体的修改思路。

Presently, due to our civil law’s lack of enough attention to the possession system, its indefiniteness of the nature and category of possession as well as the incomplete illation system of possession, thus a series of legal leaks emerge and many social problems arise in China. With a view to solving the above-mentioned problems, this paper is designed to conduct a comparative study on the prescriptions on the possession system of the Roman law and those of several national laws in other continents. By means of the inheritance and transplantation of the laws, this paper approaches to such three aspects as the definition and status of possession, the category as well as the illation of possession so as to draw clear prescriptions of the possession system and propose the specific amendments in accordance with China’s national conditions.