중국 민법 제정의 동향과 논쟁점

• 영문명: Civil Law Legislation and Controversial Issues in Contemporary China
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 석희태(HeeTae Suk)
• 간행물 정보: 『비교사법』比較私法 제16권 제2호, 231~268쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

Since establishment of People's Republic of China (PRC) in 1949, there have been several attempts to make a unified civil code and as results some official drafts were made public. However, the project has not put an end to the legislation yet. There were a number of complicated reasons related to political·cultural·economic reality. Meanwhile PRC has enacted many individual special statues on civil law matters to meet the actual need. Especially after adoption of 'the reform and door-open policy' by the Third Plenary Session of the Eleventh Central Committee. Communist Party of China (CPC) in 1978, the importance of law for governing economic development, improving international relationship and protecting people's status was more emphasized. In 1982 four drafts were attempted by the Civil Law Drafting Group within the Legislative Affairs Commission of the NPC Standing Committee and between 1985 and 2000 very meaningful laws including the General Principles of Civil Law (1986), Economic Contract Law (1981), Foreign Economic Contract Law (1985), Technology Contract Law (1987), Unified Contract Law (1999), Succession Law (1985), Adoption Law (1991), Guarantee Law (1995) were made and promulgated. In 2001 PRC joined WTO, and in 2002 the Legislative Affairs Commission submitted the Draft Civil Code to the NPC Standing Committee (but not proceeded anymore) and NPC legislated Real Right Law in 2007. In the process of the drafting work on a civil code and al the laws concerning civil matters, there have been many controversial issues, which were constantly debated among scholars, professionals, government officials and statesmen. The controversies were mainly focused on the formation and contents of the laws. And those various debating perspectives were fundamentally derived from the conflict between Chinese conventional socialism and new market economy policy. This study explains the history of civil law legislation and contents of enacted statutes as well as the drafts for Civil Code of PRC. In addition the study analyzes controversial points and their backgrounds.

목차

Ⅰ. 서론

Ⅱ. 중국 민사법 제정의 연혁

Ⅲ. 민법전 제정 추진에서의 주요 논쟁점

Ⅳ. 결론

참고문헌

Abstract

키워드

중국 중국법 중국민법 중국 민사법 민법전초안 중국민사단행법 중화인민공화국물권법 합동법 중국 계약법 회편식 中國 中國法 中國民法 中國 民事法 民法典草案 中國 民事單行法 中華人民共和國物權法 中華人民共和國合同法 中國 契約法 滙 編式 Chinese Civil Law Chinese Draft Civil Code Real Right Law of PRC Contract Law of PRC General Principles of Civil Law of PRC