중국 신 물권법의 제정과 섭외적 영향* - 사유재산권의 보장을 중심으로 -

Abstract

The enactment of new Real Property Law in China, stands for the sharing system in the Socialism for a long time, will be an important opportunity to guarantee the private property right in Chinese legal system. The equality of private and public property right, the principality of reality, the principle of public announcement and public confidence, the new real-estate registration system, a usufructuary right, a security right, a possessory right and the relief of rights etc indicated by Chinese Real Property Law will become an essential system to ensure the private property right in substance in Chinese constitution system which emphasize the system of government ownership. The government ownership and collective ownership recognized as a super ordinate concept in the ownership-centered Property Law will organize again to the equal position with the private property right through the operation of Real Property Law. Real Property Law will have direct or indirect effects on foreign relations. For instance, it makes possible to apply Real Property Law to the transaction of real right in public relations, and it can also protect foreigners and overseas corporations who use the real-estate registration system or real rights granted by way security or other systems.