中國의 擔保物權制度

Abstract

[Abatract] A Study of the Security System in the Chinese Jus Rerem Kim, Yong Kil Zhang, Song Qing By enacting Chinese version of Jus Rerum, China comes to share civil law tradition with such Northeast Asian countries as Korea and Japan. It is expected that the three countries would be under reciprocal influences concerning developments of legal frames and doctrines around Jus Rerum. Recently the Chinese government has carried out appropriate coordination between the planned economy and the market economy, in order to narrow the distinction in wealth between the wealthy and the poor. In a legal effort to achieve it, China has amended the constitution and updated the legal system, especially as for the civil law. The Chinese Jus Rerum has been enacted by arranging the existing security law, the real property law, general provisions of the civil code and so on. This law has not really changed the contents in the existing law, however, it has tremendous influence on the national life of China. In addition to, the security system in the American law such as the floating lien system has been revolutionarily brought into the Chinese Jus Rerum. It is not admitted in the Korean law yet. This security system may be in practical effect by establishing the notice system for the protection of the third party. After solving the matters in dispute these days, China has been more and more grown rapidly by establishing the Chinese Jus Rerum and the security system now. Considering the change of the security system and the introduction of the Chinese Jus Rerum, we shall be provided for the law and legal system for the Global market by the rapid improvement of the civil law in dispute.