中國夫婦財産關係法의 歷史的 變遷과 特色

• 영문명: The Historical Changes and Characteristics of the Matrimonial Property System in China
• 발행기관: 한국가족법학회
• 저자명: 윤태순(Tai Shun Yin)
• 간행물 정보: 『가족법연구』가족법연구 제19권 2호, 431~482쪽, 전체 52쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.09.01

영문 초록

This dissertation concerns matrimonial property system in China. It can be said that the principle of matrimonial property system has been varied and developed through various views of the world and ideality in different times, legal-cultures and social systems. This intricate process of formation is reflected also on the matrimonial property law in China. The Chinese Communist Party was established in 1921 the matrimonial property law in China should see the era of new ideality, which was launched with the revolution of neo-democratism. In 50's China of socialism accepted the law of socialism from the Soviet Union. In addition the law of capitalism, which is common in any states that run market economy, started to be introduced as China converted the planned economy to the socialism-market economy in 80's. This means, the existing matrimonial property law in China has a multi-structural format in which various legal systems are mixed. The purpose of this dissertation is to investigate the basic principles of the matrimonial property law in China formed through such an intricate process, the legal-structural characteristics of the system and regulations in concrete way and what could be pointed out as something Chinese in aspect of the regulations itself and its application. Moreover, problems raised by the application of the property system are also here examined, and it is also one of the purpose of this dissertation that makes the characteristics of the matrimonial property law in China clear through investigating what is the pattern of legal thoughts peculiar to China. This dissertation concerns matrimonial property system in China. However, there is no single-civil code in China, but the general provisions of civil code, the law of contract and the law of marriage exists independently. Consequently, the investigation is mainly about the matrimonial property law provided in the general provisions of civil law, the law of marriage - revised recently(2001) - and the other laws relating to the matter. It is tries to take a position to the Chinese matrimonial property law in coordinates which consist of the vertical axis equivalent to the history of Chinese and the horizontal axis equivalent to the comparative law. It is mainly based on laws from the ancient times to now in China, judicial precedents, dissertation of Chinese jurisprudence. The paper examines the existing provisions about that and the actual running of those provisions, concerning the ownership of the property, the property relations between married couple during marriage and the effect of divorce on the matrimonial property. This process shall explain the structural characteristics of Chinese matrimonial property law and the existence of its application. Therefore, this dissertation focuses on interpreting the law and investigating the various problems being discussed at the moment theoretically. Finally, It is suggests a proper reform measures of the existing matrimonial property law by in China based on those investigations above.

목차

Ⅰ. 序言

Ⅱ. 中國 夫婦財産關係法의 歷史的 變遷

Ⅲ. 現行 中國夫婦財産關係法의 內容과 特色

Ⅳ. 結語

參考文獻

Abstract