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논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2011.7
- 수록면
- 45 - 113 (69page)
- DOI
- 10.35505/sjlb.2011.07.1.1.45
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초록· 키워드
오류제보하기
Tort Law of the People’s Republic of China was promulgated in 26 December 2009. China, unlike Korea or Japan, does not have unified civil
code. Instead, China has wide range of civil special laws.
The aim of this article is to explain historical implication of this promulgation of the Tort Law in China and its meaning with regard to China’s attempt to adjust future scheduled legislation of unified civil code by 2015, and lastly to introduce the brief characteristics in Chines Tort Law.
Following Chapter Ⅰ as the introduction, Chapter Ⅱ covers Chinese Tort Law legislation details focused on legislation procedure.
Chapter Ⅲ and Ⅳ offer brief history of Chinese Civil Law Legislation. Chapter Ⅲ covers first half of the history mainly from 1954 until Chinese Cultural Revolution. Chapter Ⅳ covers another half of history after Deng Xiaoping seized power. The ideological conflict between the extreme left socialist and the pragmatic rightist among chinese political elite, is reflected in the legislation history. Which law should govern business in socialism economy system? Is it economic law or civil law? This question appears in various forms through entire legislation history of China until Deng’s Southern Tour Talk in 1992, when Deng announced his idea of economic reform of China and it was the civil law"s victory over the economic law, also the pragmatic rightist victory over extreme left socialist. Also, this chapter offers brief intellectual debate regarding the idea of property in China. China’s unique political economic situation lead to idea of three types of property - Property of Nation, Property of Society(or Public) and Property of Individual.
Chapter V shows how the ideological conflict between the extreme left socialist and the pragmatic rightist is reflected in this Chines Tort Law and its legislation history.
Chapter Ⅵ and Ⅶ introduce China’s scheduled legislation of further civil special laws, the attempt to legislate a unified civil code, and the issues derived from the attempt. According to the legislation schedule of Unified Civil Code, this legislation of Chinese Tort Law means that the final stage is not far, however, currently there is not much discussion regarding the Unified Civil Code of China.
And lastly, Chapter Ⅷ explains the summarized characteristics of Chinese Tort Law with 12 detailed topics.
code. Instead, China has wide range of civil special laws.
The aim of this article is to explain historical implication of this promulgation of the Tort Law in China and its meaning with regard to China’s attempt to adjust future scheduled legislation of unified civil code by 2015, and lastly to introduce the brief characteristics in Chines Tort Law.
Following Chapter Ⅰ as the introduction, Chapter Ⅱ covers Chinese Tort Law legislation details focused on legislation procedure.
Chapter Ⅲ and Ⅳ offer brief history of Chinese Civil Law Legislation. Chapter Ⅲ covers first half of the history mainly from 1954 until Chinese Cultural Revolution. Chapter Ⅳ covers another half of history after Deng Xiaoping seized power. The ideological conflict between the extreme left socialist and the pragmatic rightist among chinese political elite, is reflected in the legislation history. Which law should govern business in socialism economy system? Is it economic law or civil law? This question appears in various forms through entire legislation history of China until Deng’s Southern Tour Talk in 1992, when Deng announced his idea of economic reform of China and it was the civil law"s victory over the economic law, also the pragmatic rightist victory over extreme left socialist. Also, this chapter offers brief intellectual debate regarding the idea of property in China. China’s unique political economic situation lead to idea of three types of property - Property of Nation, Property of Society(or Public) and Property of Individual.
Chapter V shows how the ideological conflict between the extreme left socialist and the pragmatic rightist is reflected in this Chines Tort Law and its legislation history.
Chapter Ⅵ and Ⅶ introduce China’s scheduled legislation of further civil special laws, the attempt to legislate a unified civil code, and the issues derived from the attempt. According to the legislation schedule of Unified Civil Code, this legislation of Chinese Tort Law means that the final stage is not far, however, currently there is not much discussion regarding the Unified Civil Code of China.
And lastly, Chapter Ⅷ explains the summarized characteristics of Chinese Tort Law with 12 detailed topics.
목차
Ⅰ. はじめに(머리말)
Ⅱ. 不法行?法の制定?緯(불법행위법의 제정경위)
Ⅲ. 中?における民事立法, 前史(중국에서의 민사입법, 前史)
Ⅳ. 中?, 事立法動向史·後期－不法行?法制定にいたる途(중국, 민사입법 동향사, 후기―불법행위법제정에 이르는 길)
Ⅴ. 不法行?法の制定と中?社??制論(불법행위법의 제정과 중국사회체제론)
Ⅵ. 中?における今後の民事?行法の制定(중국에서의 금후 민사단행법의 제정)
Ⅶ. ?行民事法か, 統一民法典か(단행민사법인가, 통일민법전인가)
Ⅷ. 中?不法行?法の特色(중국불법행위법의 특색)
Ⅸ. 終わりに(마치면서)
?考文?(참고문헌)
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