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尹太順(Yin Tai-Shun),장석천 충북대학교 법학연구소 2008 法學硏究 Vol.19 No.1
The property law of People"s Republic of China, which has attracted worldwide attention, has been passed on March 1st, 2007 by means of seven deliberations. As a basic law in Chinese law system and an important civil law, the property law is a basic law of certifying property, using property and protecting property and an important law of adjusting the relationship between properties ,which not only concerns national basic economic system but also concerns common people"s concrete interest. Property Law is one of important bracket in the socialist legal system with Chinese characteristics, which has a clear attribution ,plays important roles of property effectiveness and in protecting property owner"s legitimate rights and interests of property rights. China"s Property Law consolidates and safeguards for-years fruits of reform and opening up, maintains the characteristics of socialism, at the same time, reflects the thinking of the market economy; confirms in the private ownership means of production while maintaining the socialist public ownership and applies the principle of equal protection to the different types of property. China"s property law includes the basic elements of ownership, usufruct property rights, and security interests. Under the ownership of the basic type , ownership can be classified in various ways, such as the state ownership, collective ownership, private ownership usufruct property rights includes the right to contractual operation of land, construction land use rights, the right to use the house foundation, easements; security interests includes mortgages, pledge right, lien ; in addition property law also stipulates possession. China"s Property Law enaction accordance with the actual situation in China, focuses on solving the problems of a lot of property relations in the real life, and confirms the equal protection principle of property therefore it plays a very important role and significance in social development and stability. However, in the implementation of property law there still exist many problems. China has entered the era of market economy, ownership can be classified by three types of ownership in property law which not only emphasizes the protection of public property, but also directly invoke the provisions of Public Law, it inevitably causes the suspect of violating the principle of equality and independence and sets up A certain obstacles to the future China"s private law system. In addition, there still exist some problems in the implementation process of property law, such as problems how to define the public interest and reasonable compensation; problems how to circulate agricultural land use rights, problems on protecting the proprietary rights of building, problems on improving real estate registration system, all these issues will be needed further theoretical research and legislative interpretation.
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