중국의 物權法 制定과 그 사회적 영향

Abstract

On the Enactment of Law of Realty and its Social Effects in China Kwon, Yong-ok In China, the law of realty was enacted in March 16, 2007 and promulgated according to Article 62 of the Presidential Ordinance, which will come into effect from October 1, 2007. This change has made it possible that individuals will claim the right to estate now although they have been able to possess only superficies so far. Whereas the new legislation might bring about the frequent conflicts on proprietorship which Chinese government will be forced to deal with in the future. For China, almost two thirds of whose economy has even been supported by common share economy until now, passage of the law of realty is likely to spur economic structure to keep changing. This reformation can probably be regarded as a kind of revolution in the history of China.The purpose of this article are as follows: First, we will consider not only for which reason but also under what principles and processes the law of realty was promulgated. Second, we will look into the main content of the law and some influences (whether positive or negative) that the enactment of the law might have on the society. This preceding study is surely the more instrumental to our understanding of the Chinese society. Finally, we will predict in which way Chinese society will be changed and find how we should deal with the would-be problems through some fundamental data provided by this study.