중국물권법의 내용 및 우리 법과의 비교 = Overview of the Chinese Real Right Act and Comparison with the Korean Law

다국어 초록 (Multilingual Abstract)

  The Chinese Real Right Act, as the result of an extremely difficult birth, has been enacted on 16. March in 2007 and shall come into force on 1. October this year. This Act is of significance, not only because it is the first systematic and synthetic law concerned with the real right in China, but because it is the newest real right law in the world.<BR>  As is generally known, many foreign enterprises including korean company are in action actively in China. Therefore it can be foreseeable that this Act will have a great influence on acquiring of land for enterprise and on loaning operation money from banking facilities.<BR>  On account of those importances, in this thesis, firstly the enacting process of this Act is chased and the content of this Act is investigated. After that, the content of this Act is compared with that of the Korean Real Property Law. Lastly it is examined how far this Act steps forward to the esteem of private property and the idea of legalism which are adopted by western countries including Korea.<BR>  In consequence, it is found that the Chinese Real Right Act has come up closely to the esteem of private property and the idea of legalism which are adopted by western countries. Especially the legislators have endeavored to establish a legal order that is in harmony with private ownership, while holding firmly the public land ownership system which has been adopted hitherto and protecting national property. This Act has executed substantial reforms after tiding over many political obstacles ; equal protection among state ownership, collective ownership and private ownership, unification of registration system, automatic renewal of the Right for using of Residential Site or Construction Site when the term is due, etc. Moreover this Law has declared the doctrine of legalism and carried more throughly it through protecting real rights, prohibiting infringement on them, and regulating reasonable compensation when a private property is expropriated. This Act has enhanced recognition of private ownership one step ahead.

목차 (Table of Contents)

• Ⅰ. 서론
  Ⅱ. 중국물권법의 내용
  Ⅲ. 우리 법과의 비교
  Ⅳ. 결론
  【참고문헌】
  [Abstract]
  

참고문헌 (Reference)

1 "關於物權法的若干問題 中國民法年刊2004" 法律出版社 2006

2 "關於 中華人民共和國物權法(草案)>的說明" 人民日報(海外版) 2007.3.7

3 "全人大法律委員會關于中華人民共和國物權法(草案)修改情況的匯報" 法律出版社 2007

4 "中華人民共和國物權法釋義" 法律出版社 2007

5 "中華人民共和國物權法條文理解與適用" 人民法院出版社 2007

6 "中華人民共和國 物權法" 中國法制出版社 2007

7 "中國物權法草案建議稿及說明" 中國法制出版社 2001

8 "中國物權法草案建議稿-條文ㆍ說明ㆍ理由與參考立法例" 社會科學 文獻出版社 2000

9 "中國物權法成立の經緯と意義" 有斐閣 (1336) : 2007

10 "中國物權法 -條文と解說" 成文堂 2007

11 "中國における物權行爲論の展開" (292) : 2003

12 "中國における新しい物權法の槪要と假譯" 商事法務 857 : 2007.5

13 "一部違背憲法和背社會主義基本原則的‘物權法’草案 - 爲‘憲法’第12條和86年‘民法通則’第73條的廢除的公開信"