中国民法中的不动产——物权立法的发展历程

L. Mai
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引用次数: 1

摘要

2021年1月1日是中国立法史上一个极其重要的日子,因为经过极其漫长的准备工作,中华民主主义人民共和国第一部民法典(以下简称《中国民法典2020》)于2020年5月28日正式生效。2020年的《中国民法典》被认为是中国的“公民权利宣言”,其中有大量的规定。了解中国民法典的法律规定是必要的,原因如下:首先,作为越南的邻国,中国与越南在民事生活的许多领域都有密切的关系。其次,民法典是社会生活的根本大法,影响深远,因此民法典的研究应该优先于其他许多法律的研究。第三,研究其他国家的法律有助于我们认识到我国法律中需要改进的地方。迄今为止,对该法典的法律研究还不多。尽管在过去的两年里长期封锁,但中国的房地产市场比以往任何时候都要热。房地产是一项极其重要的资产,特别是在其他经济领域前景黯淡的情况下,社会的财力越来越多地涌入房地产,由此产生的冲突也越来越多,需要不断完善法律法规。本研究旨在分析我国民法不动产规定完善的过程,评估现行不动产规定的完善程度。为了实现这些目标,本研究收集了大量中国颁布的相关法规和专家的法律讨论。本文由三部分组成。第一部分是《中国民法典2020》之前的不动产立法概述,第二部分是现行法规。在此基础上,报告研究成果并进行讨论。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Real Property in Chinese Civil Law – The Process of Developing Property Legislation
Abstract January 1, 2021 marks an extremely important event in China’s legislative history, as the day the first Civil Code of the Democratic People’s Republic of China entered into force on May 28, 2020 (the “Chinese Civil Code 2020”), after an extremely long preparation time. The 2020 Chinese Civil Code was considered China’s “Declaration of Civil Rights”, with a huge number of regulations. Understanding legal provisions of the Chinese Civil Code is essential because of the following reasons: firstly, as Vietnam’s neighboring country, China has close relations with Vietnam in many areas of civil life. Secondly, Civil Code is a fundamental law of social life, having a profound influence, so the study of Civil Code should be given priority before studying many other laws. Thirdly, researching laws of other countries will help us realize the points that need to be improved in our laws. Up to now, legal research on this Code has not been much. Despite the prolonged lockdown in the past two years, China’s real estate market is hotter than ever. Real estate is an extremely important asset, especially when the future of other economic sectors is bleak, the society’s financial resources were pouring more and more into real estate, from which relevant conflicts were also increasing, requiring the constant improvement of legal regulations. This study aims to analyze the process of improving Chinese civil law provisions on real property and assess the completion level of the current regulations. To achieve these goals, the study has collected a large number of relevant regulations that China has promulgated and legal discussions of experts. The article is composed of three parts. The first is an overview of real property legislation before the Chinese Civil Code 2020, and the second part is the current regulations. Based on them, the author reports research findings and makes discussion.
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