중국 물권법상의 소유권 제한

Abstract

The Chinese property law was established on March. 16th. 2007, and it was entered into force since October 1st. 2007. When those property laws were codified, the creation of ownership system parts came into a huge issue as a legal problem. Above all, based on the Chinese government system, which claims to stand for socialist market economy and aim at co-ownership system, the ownership on the Chinese property law is one of most cardinal system in china nowadays. The article 4 of the Chinese property law provides that one's property must be protected by legal principle. It shall not be infringed no matter what; nevertheless, when people compare between Korean legal principles and Chinese legal principle, several questions have been arisen, and how much personal ownership can be restricted in the socialist country, like China. As the matter of fact, the legal principles, that restricted the ownership on the Chinese property law, are simply divided into 5 categories. 1. The first principle could be the prohibition of ownership restriction itself. Certain properties, which are owned by country or group, shall not be owned by one person. For instance, there are wide ranges of the ownership areas, such as real estates, wild animals, natural resources, and radio waves. 2. Relationship between adjacent land owners could be the second principle. These restrictions are divided into four types, such as claim of use adjacent land, using Water right, the relationship with ventilation, lighting and sunshine, and damage on the real estate prevention. However, there is numerous institutional inertia contents' in those restriction areas. 3. The restrictions by the expropriation and requisition are also the principle. Even though, it belongs to an administrative decree, China regulated those principles in the Chinesepropertylaw,duetotheirpoliticalsystem. 4. There are restrictions on the expenditure as one principle that as an impact of existence of agricultural land protection political policy in China. China restricted the agriculturall and as the country's exclusive constructive land. 5. Eventually, there are restrictions that are made by public interest as another principle. When the ownership are exercised, it shall not be originated that damage on the public interest. As a result of socialist market economy system, co-economy system has adopted, the conclusion should point out that the country, like Korea, which have the liberal market economy's ownership, assumes different aspects. The Chinese property law, which could not be exclude country's political situation, regulates the peculiar systems, when she compare with our real estates system even the principle of the ownership areas restriction.