中國 社會主義市場經濟下의 物權法 特色

Abstract

The Characteristic of Real Right Law of Socialist Market Economy System Theory in ChinaDong-Je ChoThe Real Right Act of the People’s Republic of China was passed by the National People’s Representative Assembly on March 16, 2007. The Real Right Act has decisive influence on the distribution, management, and utilization of resources. It is also directly related to the demonstration and content of the reform policy of China. Contemporary property legislation must over come the deviation of functional and value orientation, and neglect of domestic legislation tradition. Modern value objectives should be introduced, ideas concerning property Law should be renovated, and a new theonyof legislation should integrate the cultural significance of law and its characteristics concerning form so as to give rise to the modernization of the legislation of property Law. As a basic law securing the property right, the property law should equally protect private right equal to state’s and collective’s. The real law must give common legal acceptance and equal protection to the various property ownership.Recently, private property ownership right should be perfectly safeguarded by the law of property right by taking measures, for example, of establishing the guidelines of equally protecting varieties of ownership property right, definition demonstrably the scope of property right law on the property right of non-public ownership, and enacting the norms of protection being special reference to private property right.Compared to all other resolutions, the provision in the Real Right Act, imperfect as it is, is deemed the most reasonable one and thus should be maintained in the future Real Right Act.