중국의 부동산에 관한 물권법의 주요내용과 전망

Abstract

The newly established Chinese Property Law proclaims the Chinese public ownership which is based on socialist economic structure; however, it also describes the protection of property and the right of using the property in detail, such as the ownership of real estate and personal estate, usufructuary right, security right, etc. Followings are main features of the Chinese property law; First, it has a dualistic structure in land ownership. Second, a payment-based system in land usufruct. Third, the protection of the private property right is enacted. Fourth, land ownership is authorized. For example, by allowing an automatic renewal of the right of using land, it becomes possible for an individual or a corporation to use house lots continuously. Fifth, to make compensation regulations and applications transparent, it enforces the government to compensate for expropriation and possession by the government. Sixth, the various use of the right of using land is allowed, and registration system, such as the creation, modification, transfer, termination of a real right, is enforced to make a real estate transaction transparent. As the Chinese property law is enforced, it is necessary to revise Chinese civil laws. An increase in foreign capital, improvement of agricultural productivity, and decrease in Chinese enterprises' obligatory right are expected.