중국 전통사회에 있어서의 “물권” －중국물권법의 제정과 시행을 계기로－

Abstract

A movable property or a immovable property was traditionally recognized as a sort of thingy existence for human’s survival or object for ensuring the national finance in China. Therefore the state’s control over properties had a tendency to satisfy the recognition. The formation of real (property) rights and it’s social implications have been built on that recognition. In that context, given the modern recognition about a real right, which means a property right from a standpoint of it’s substance and management right from a standpoint of it’s effect as a exclusive right benefited through a direct control over a thing or the other objects, there are some differences in social viability of the right between the traditional and modern recognitions. Nonetheless the traditional recognition is aligned with the modern in that a real right should be treated importantly as a fundamental material for human’s survival.