중국물권법의 성격과 특색에 관한 연구

Abstract

The property law of China was enacted in March 16, 2007, and came into effect from October 1 the same year. It had gone through fourteen-years of review and revisions since its first draft was made. The law clarifies ownership of each economic player such as the government, an organization and an individual, and stipulates the extent of their property rights. That is a significant indication that the Chinese government makes it clear how to recognize private property, despite its socialist market economy. China strengthened the protection of private property rights through constitutional amendment in 2004. However, there was still a chance that the government could deprive property rights of individuals because of insufficient preparation for the revision. In deed, provincial governments of China have reaped huge benefits by seizing private lands and paying a small amount of compensation to the owners. The new law is expected to prevent such cases, but it is highly likely that the law will conflict with the socialist institution and practice in the process of its implementation. China has long been one of Korea's major trading partners due to its geopolitical importance and the trade volume has been gradually on the rise with the influence of itsreform and open policy. Considering that more and more Korean companies make investments in China, a law that acknowledges both socialist public property and capitalist private property will probably have a significant impact on Korea and its companies. Furthermore, China's move is expected to influence North Korea's legislation in this related area, so there is a need to learn and analyze the characteristics of property law of China. As part of such attempts, this research deals with the social and political background behind the enactment of the law, and its characteristics such as the ownership system, other forms of real rights and real rights alternation systems.