中國 社會主義市場經濟下의 物權法 特色

• 영문명: The Characteristic of Real Right Law of Socialist Market Economy System Theory in China
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 조동제(Dong-Je Cho)
• 간행물 정보: 『비교사법』比較私法 제14권 제4호, 279~310쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

  The Real Right Act of the People’s Republic of China was passed by the National People’s Representative Assembly on March 16, 2007. The Real Right Act has decisive influence on the distribution, management, and utilization of resources. It is also directly related to the demonstration and content of the reform policy of China.
  Contemporary property legislation must over come the deviation of functional and value orientation, and neglect of domestic legislation tradition. Modern value objectives should be introduced, ideas concerning property Law should be renovated, and a new theonyof legislation should integrate the cultural significance of law and its characteristics concerning form so as to give rise to the modernization of the legislation of property Law.
  As a basic law securing the property right, the property law should equally protect private right equal to state’s and collective’s. The real law must give common legal acceptance and equal protection to the various property ownership.
  Recently, private property ownership right should be perfectly safeguarded by the law of property right by taking measures, for example, of establishing the guidelines of equally protecting varieties of ownership property right, definition demonstrably the scope of property right law on the property right of non-public ownership, and enacting the norms of protection being special reference to private property right.
  Compared to all other resolutions, the provision in the Real Right Act, imperfect as it is, is deemed the most reasonable one and thus should be maintained in the future Real Right Act.

목차

Ⅰ. 서론
Ⅱ. 중국물권법의 입법과정
Ⅲ. 중국사회주의사장경제의 물권법 제정에 따른 필연적인 선택
Ⅳ. 중국 물권법의 주요 논점
Ⅴ. 중국물권법의 민사실무에 미치는 영향
Ⅵ. 결론
【참고문헌】
[Abstract]

키워드

사회주의 법률체계 공유제경제 소유제경제 사유재산 토지사용권 Socialist Legal System Publicly-Owned Economy Economy of Ownership Separate Protection Right to the use of Land