中國 物權法의 現況과 展望

The Present and the Tomorrow of China's Real Right law

Based on her radical reformations and opening these days, China made the switchover of typical planned economic system to market economic system. As china regard a market economic structure as a law-governed economy structure, She concentrate her effort on the legislation of market economy structure, within her cognizance that success of market economy require legislation completion at the back In this article, on the purpose that our understanding the present and figuring out the tomorrow of China's Real right law, the first, we study the lawmaking process of civil law. the second, we examine new Real right law draft, and finally we try to solve problem awaiting solution The goal of china's plan is materializing the both market economic legal systems and ideal socialism in 2010. In the progress of this plan, china codified the Constitution and each organic law but civil code. but the major part of civil code -the general provisions of the civil code, contract law, the law of succession, the law of marriage and intellectual property law- enacted except Real right law. In the case of Real right law, as China have already made Real right law draft (a proposal bill), the codifying China's Real right law must be realized after clearing up what the problems of codifying are and what the solution are.