중국물권법의 내용 및 우리 법과의 비교

Overview of the Chinese Real Right Act and Comparison with the Korean Law

&nbsp;&nbsp;The Chinese Real Right Act, as the result of an extremely difficult birth, has been enacted on 16. March in 2007 and shall come into force on 1. October this year. This Act is of significance, not only because it is the first systematic and synthetic law concerned with the real right in China, but because it is the newest real right law in the world.<BR>&nbsp;&nbsp;As is generally known, many foreign enterprises including korean company are in action actively in China. Therefore it can be foreseeable that this Act will have a great influence on acquiring of land for enterprise and on loaning operation money from banking facilities.<BR>&nbsp;&nbsp;On account of those importances, in this thesis, firstly the enacting process of this Act is chased and the content of this Act is investigated. After that, the content of this Act is compared with that of the Korean Real Property Law. Lastly it is examined how far this Act steps forward to the esteem of private property and the idea of legalism which are adopted by western countries including Korea.<BR>&nbsp;&nbsp;In consequence, it is found that the Chinese Real Right Act has come up closely to the esteem of private property and the idea of legalism which are adopted by western countries. Especially the legislators have endeavored to establish a legal order that is in harmony with private ownership, while holding firmly the public land ownership system which has been adopted hitherto and protecting national property. This Act has executed substantial reforms after tiding over many political obstacles ; equal protection among state ownership, collective ownership and private ownership, unification of registration system, automatic renewal of the Right for using of Residential Site or Construction Site when the term is due, etc. Moreover this Law has declared the doctrine of legalism and carried more throughly it through protecting real rights, prohibiting infringement on them, and regulating reasonable compensation when a private property is expropriated. This Act has enhanced recognition of private ownership one step ahead.