중국 물권법상 토지소유권에 대한 고찰

Chinese Property Law, Socialist Market Economy, and Ownership of land. Civil Act.

On March 2007, the Chinese Property Act was historically passed by the full session of the Chinese National People’s Congress on the way to realize the harmonic society. After her radical reformation and opening in 1978, China made the switchover of planned economic system to socialistic market economic system in 1993, based on the theory on the early stage of socialism so called the typical Chinese socialism. In the Paper, we review the history of socialistic public owernship of land. In general, land in a City belongs to the state, and land in agricultural district belongs to a community. In other word, ownership is not given to any invidual. And we examine the debate on the principle of the equal protection of the state, a community, and individual in terms of Chinese Constitution. Finally, we briefly introduce the ownership of land in the Property Law. China has a plan to materialize the typical Chinese socialistic legal system by 2010 in order to boost the socialltic market economic system. In the progress of this plan, China already enacts Contract Act, Mortgage Act, and Corporate Act, etc., even though there is no Civil Act. As the Property Act was enacted, it is expected that the unified Civil Act will be codified soon.