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중국 부동산 관련법의 의미와 내용

The Meanings and Contents of the Real Estate Act in Contemporary China

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The purpose of this article is to understand the Real Estates Act(REA hereafter) in contemporary China. REA in China is in the establishing level. The first step was established in the form of reluctant management rule for the civil power. Even though the first level has been set up, the state owned property has not been acquired the accurate concepts through the contemporary China period. I have tried to set the concepts of the REA in China and the background elements of the social historical situation about REA in contemporary China. The economic development devoting by the nation-state has helped the extension of wealth and strength of the nation. In contrast, the strength of the civil(renmin) has been neglected by economy drive policy and government for the longtime. China is at the stage of accumulation of experiences in the pro-state national policy and rights laws. The REA should be defined the strict standardization on the points of maintenance, management and development of the civil ownership rights and the nation power number-one phenomena should be undone, and balance and check between national side and civil side should be taken accurately. But the REA has the flaws of practical process level in the set up, maintain, renew and operate law processes. We should recognize the core contexts and concepts about the real estate ownership and its operations within the influencing social-political situations.

Abstract

The purpose of this article is to understand the Real Estates Act(REA hereafter) in contemporary China. REA in China is in the establishing level. The first step was established in the form of reluctant management rule for the civil power. Even though the first level has been set up, the state owned property has not been acquired the accurate concepts through the contemporary China period. I have tried to set the concepts of the REA in China and the background elements of the social historical situation about REA in contemporary China. The economic development devoting by the nation-state has helped the extension of wealth and strength of the nation. In contrast, the strength of the civil(renmin) has been neglected by economy drive policy and government for the longtime. China is at the stage of accumulation of experiences in the pro-state national policy and rights laws. The REA should be defined the strict standardization on the points of maintenance, management and development of the civil ownership rights and the nation power number-one phenomena should be undone, and balance and check between national side and civil side should be taken accurately. But the REA has the flaws of practical process level in the set up, maintain, renew and operate law processes. We should recognize the core contexts and concepts about the real estate ownership and its operations within the influencing social-political situations.

참고문헌 (11)

  1. "解讀《城市房地産管理法》修訂草案"[URL]
  2. "中華人民共和城市房地産管理法"[URL]
  3. "物權法草案審議實錄(3)動産和不動産槪念要明確"[URL]
  4. "房地産安例"[URL]
  5. "我國審議修改城市房地産管理法修正案草案"[URL]
  6. "買“小産權房”無任何法律堡障"[URL]
  7. "不動産賠償物權法草案亮點 報償力度可能加大"[URL]
  8. "企業與法網"[URL]
  9. "中華人民共和國企業國有資産法"[URL]
  10. "商品房預售合同糾紛院判決參考"[URL]
  11. "房地産法"[URL]

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