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논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2018.11
- 수록면
- 195 - 236 (42page)
- DOI
- 10.35227/HYLR.2018.11.29.4.195
이용수
초록· 키워드
오류제보하기
Mongolia is a country that experienced a change of stay without intervention of the pain of fragmentation. Changes in the stays adopted will soon affect the overall economic activities of all countries, and their natural impacts can not ignore changes in the land system.
Mongolian People`s Republic of Mongolia on November 26, 1924 "promulgated after approval of the Constitution through the First National Convention, the Second Socialist State after the former Soviet Union, the second socialist state I will build a country. At this time, there is a possibility and the name will also be renamed from "frame" to "in Ulan Bator", in 1990 a movement "Perestroika" occurs in the Soviet Union. This will be the first country in Asia to act on the external factors of the Mongolian democratization campaign, be supported by it, declare a shift to a capitalist market economy system in socialist countries. At that time the country was changed from "People`s Republic of Mongolia" to "Mongolia", and based on the division of the three powers, the president"s direct selection system (term of 4 years), the National Assembly unicameral system and private market rights system We will establish transition rules. At the time of 1992, the semi-presidential system, after the change, will maintain the current "semi-presidential system with a strong parliamentary cabinet system character".
Mongolia began transitioning from the socialist planned economic system to the market economic system from the 1990s, and in 1992 the revised Constitution, among Asian socialist countries, the first part of the "Socialist State Construction" part , And acknowledged private property rights, and revealed the constitutional change to a free market economic system.
And, it will approve land use rights under the land law enacted in 2002 and enforced on January 1, 2003. The main law related to Mongolian ownership system is the Constitution and Civil Law, the Land Act, the Land Privatization Law, etc. The most basic standards of these are stipulated in the Constitution.
The Mongolian Land Act emphasizes the importance of "land" and has a unique provision. In particular, the Mongolian Land Law Chapter 1 General Rules states the principle of land in the country, but "Mongolia"s land can not be separated as a whole and the land is under the supervision of the state, protected "As a national responsibility for the land. It also reveals the concept of "permanent owner" of the land, but said that the first "Mongolian citizens are all national assets other than permanent ownership" is said to be "pasture land, public, country "Mongolian citizens can possess permanent ownership of the rest of the land other than the land in which they are specially used", they are the nomadic tribe "pasture ground" is a general individual We do not own it.
Mongolia promoted a system transformation from the socialist system to the market economic system in the latter half of 1990. Mongolia, which had reached the transformation stage of these systematic changes, attempted to develop a large-scale law based on the Constitution, but the system transition period and the sudden legislation are a major influence on the ideals and systems of Mongolian law It was decided to give. I would like to express that Mongolia"s pending issues of political corruption as a result of privatization and privatization of state-owned property, privatization of land, privatization of land, etc. are being promoted so far.
In the autumn of 2018 contributing this paper, after the division of the south and the north, the Korean government and North Korea have realistically and unequivocally concerned about unification, and there is no unprecedented comparative high-speed approaching approach It is judged to be a point in time. Various preparations to prepare for unification in many fields are necessary, but the issue concerning the attribution of land in the North Korean area that stuck firmly to the socialist format even after long division is one of the most important issues at the time of unification It is clear that there is.
As soon as I looked for examples comparable from such a viewpoint, it is a case in Germany, but the example in Germany overcomes divisions like us, but it will stay in other countries It is obvious that it is the most similar because it was experienced, but already many studies are already in advance. Also, in the case of German unification, we can not affirm at which point in time we will unify, but at the very least it is impossible to directly compare to the unification that the length of division is extremely short.
With the above content as the reason, we do not have the same division experience directly, but we can directly experience the need of land reform through the change of our own format, carry out, Through Mongolia"s case, we believe there is a need to consider the issue of land attribution after our unification.
Mongolian People`s Republic of Mongolia on November 26, 1924 "promulgated after approval of the Constitution through the First National Convention, the Second Socialist State after the former Soviet Union, the second socialist state I will build a country. At this time, there is a possibility and the name will also be renamed from "frame" to "in Ulan Bator", in 1990 a movement "Perestroika" occurs in the Soviet Union. This will be the first country in Asia to act on the external factors of the Mongolian democratization campaign, be supported by it, declare a shift to a capitalist market economy system in socialist countries. At that time the country was changed from "People`s Republic of Mongolia" to "Mongolia", and based on the division of the three powers, the president"s direct selection system (term of 4 years), the National Assembly unicameral system and private market rights system We will establish transition rules. At the time of 1992, the semi-presidential system, after the change, will maintain the current "semi-presidential system with a strong parliamentary cabinet system character".
Mongolia began transitioning from the socialist planned economic system to the market economic system from the 1990s, and in 1992 the revised Constitution, among Asian socialist countries, the first part of the "Socialist State Construction" part , And acknowledged private property rights, and revealed the constitutional change to a free market economic system.
And, it will approve land use rights under the land law enacted in 2002 and enforced on January 1, 2003. The main law related to Mongolian ownership system is the Constitution and Civil Law, the Land Act, the Land Privatization Law, etc. The most basic standards of these are stipulated in the Constitution.
The Mongolian Land Act emphasizes the importance of "land" and has a unique provision. In particular, the Mongolian Land Law Chapter 1 General Rules states the principle of land in the country, but "Mongolia"s land can not be separated as a whole and the land is under the supervision of the state, protected "As a national responsibility for the land. It also reveals the concept of "permanent owner" of the land, but said that the first "Mongolian citizens are all national assets other than permanent ownership" is said to be "pasture land, public, country "Mongolian citizens can possess permanent ownership of the rest of the land other than the land in which they are specially used", they are the nomadic tribe "pasture ground" is a general individual We do not own it.
Mongolia promoted a system transformation from the socialist system to the market economic system in the latter half of 1990. Mongolia, which had reached the transformation stage of these systematic changes, attempted to develop a large-scale law based on the Constitution, but the system transition period and the sudden legislation are a major influence on the ideals and systems of Mongolian law It was decided to give. I would like to express that Mongolia"s pending issues of political corruption as a result of privatization and privatization of state-owned property, privatization of land, privatization of land, etc. are being promoted so far.
In the autumn of 2018 contributing this paper, after the division of the south and the north, the Korean government and North Korea have realistically and unequivocally concerned about unification, and there is no unprecedented comparative high-speed approaching approach It is judged to be a point in time. Various preparations to prepare for unification in many fields are necessary, but the issue concerning the attribution of land in the North Korean area that stuck firmly to the socialist format even after long division is one of the most important issues at the time of unification It is clear that there is.
As soon as I looked for examples comparable from such a viewpoint, it is a case in Germany, but the example in Germany overcomes divisions like us, but it will stay in other countries It is obvious that it is the most similar because it was experienced, but already many studies are already in advance. Also, in the case of German unification, we can not affirm at which point in time we will unify, but at the very least it is impossible to directly compare to the unification that the length of division is extremely short.
With the above content as the reason, we do not have the same division experience directly, but we can directly experience the need of land reform through the change of our own format, carry out, Through Mongolia"s case, we believe there is a need to consider the issue of land attribution after our unification.
목차
Ⅰ. 서언
Ⅱ. 몽골 헌법 · 민법과 토지소유권
Ⅲ. 몽골 토지법
Ⅳ. 토지사유화법 - 토지의 영구 소유(토지의 사유화제도)
Ⅴ. 결어
참고문헌
Abstract
참고문헌 (36)
참고문헌 신청
[학위논문] - 강바타르 어용토야 / 2017 / 한국과 몽골의 지상권에 관한 구조적 차이-몽골의 지상권개정을 위한 방안을 중심으로 / 석사 / 강원대학교
[학위논문] - Dorj-Ayush Otgon / 2013 / 토지 소유권과 그 제한에 관한 고찰 : 한국과 몽골의 비교를 중심으로 / 석사 / 공주대학교 대학원
[학술지(정기간행물)] - 김충구 / 2013 / 몽골 헌법전문에 관한 고찰 / 법학논총 26 (2) : 153 ~ 183
[학위논문] - Davaasuren Duurenkhishig / 2009 / 몽골과 한국의 토지법제에 관한 비교법적 연구 / 석사 / 전남대학교 대학원
[보고서] - 돌진 소드넘 / 2013 / 몽골의 부동산법 변화와 과제
[학위논문] - Dorj-Ayush Otgon / 2013 / 토지 소유권과 그 제한에 관한 고찰 : 한국과 몽골의 비교를 중심으로 / 석사 / 공주대학교 대학원
[학술지(정기간행물)] - 김충구 / 2013 / 몽골 헌법전문에 관한 고찰 / 법학논총 26 (2) : 153 ~ 183
[학위논문] - Davaasuren Duurenkhishig / 2009 / 몽골과 한국의 토지법제에 관한 비교법적 연구 / 석사 / 전남대학교 대학원
[보고서] - 돌진 소드넘 / 2013 / 몽골의 부동산법 변화와 과제
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