中國의 物權法 制定動向에 관한 考察

Abstract

[ABSTRACT] A Study of the Legislative Trend for Drafting of Jus Rerem in China. Kim, Yong-Kil Piao, Dong-Mei The legislation related to the economy has taken priority over all other things, since the period of the reform and the open in china began. China is provided with all kinds of law and system in order to seek for his development by the market economy. These facts imply the reform and the change generally in his traditional way of thinking and the social framework as revolutionary changes in an economic structure. It is necessary for China to provide a reasonable law and system for accommodating lots of changes. A civil law is important to China for achieving his purpose and moreover, the law of jus in rem is most important in a civil law. As reason is that social life on the whole is affected by a civil law as a general law. The legislation of a civil law is progressed by comprehensively integrating the contents of a civil law after enacting it separately as an independent volume. Especially, a draft of civil law of china promulgated on July 8, 2005 has accommodated elements of both the continental law and the common law at a time, including them of socialism, the traditional law of china. It is criticized that a reformed civil law is not fully overcome limitations in the law of the socialist state. The contents of a civil law are not fully provided for. Thus, It is necessary for China to take complementary measures. Where the law of jus in rem reformed is established, an idea and an ideology of the socialist system shall be combined with actual conditions of the market economy. It is certain that the law of jus in rem can be material means for china to grow and develop in a national economy rapidly.