A Brief Introduction to Real Right Law of China
| Autor | Li Kangning |
| Cargo | Northwest University of Politics and Law, Xi'an, China |
| Páginas | 98-103 |
Page 98
Real Right Law of the People's Republic of China has been adopted at the 5th session of the Tenth National People's Congress on March 16, 2007, and it has gone into effect as of October 1, 2007. From then on, the People's Republic of China has its own real right law. Now I'd like to introduce the following aspects about the real right law in China.
In 1929, the National Government, governed by the Party of Guo Min Dang, promulgated a Civil Code. This is the first civil code in the history of China. In this code, real right as an important part was prescribed in detail. The style of legislations and system models, generally speaking, was similar to that of Germany. Soon after its promulgation, China thoroughly fell into wars. Civil war, anti-Japanese war and liberation war followed one by one, and all social orders were severely destroyed. So this code, as of its promulgation, actually did not play a role in Chinese social life.
In 1949, with the collapse of the National Government and the foundation of the People's Republic of China, the Civil Code was repealed in the continent, and it was brought to the island of Tai Wan by the overthrown government of Guo Min Dang. Till now the Civil Code is still in effect in the scope of the island.
After the foundation of the PRC, the basic systems construction in the continent of China followed Soviet Union, including legal system. In 1960s, the Legislature began to draft Civil Code. But because of the political movements, especially the Cultural Revolution, the domestic situation went into disorder; the building of legal system was seriously destroyed, so the draft of Civil Code was aborted.
In 1979, with the reform and opening up policy, the legal construction was also recovered. General Principles of Civil Law was adopted in 1986, and the contents of real right were firstly prescribed in this law. Although this law is rough in fact, it plays a very important role in Chinese social life, and it is now still in effect.
From the mid-1990 on, China speeded up the legislative process with the foundation of the socialist market economic system. During this period, such civil laws as Security Law, Contract law etc. were adopted and promulgated. To meet the need of market economy construction, the legislature took it as an important task to enact the real right law.
In 2007, after 13 years of formulation and eight considerations, The Real Right Law of the People's Republic of China was adopted at the 5th session of the Tenth National People's Congress on March 16, 2007, and went into effect as of October 1 of that year.
Page 99
Through 30 years of reform and opening up, China has got a relatively long and stable domestic political situation. In the past score, The Communist Party has been adhering to its leadership, consolidating its position as a ruling party, strengthening cooperation with all democratic parties and transitioning from a planned economic system to a market economic system. Now China is continuing to build the socialist market economy and has scored brilliant achievements.
In the primary phase of socialism, the state adheres to the basic economic system with the public ownership playing a dominant role and diverse forms of ownership developing side by side.
The public economy shall be consolidated and developed by the state, and the development of the nonpublic economy shall be encouraged, supported and guided.
With the initial establishment of the socialist market economy system, market transactions...
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