|其他題名: ||A research of mainland China reality of laws to Taiwan populace in mainland behavior and influence|
|作者: ||汪小龍;Wang, Siao-long|
潘錫堂;Pan, His-tang;龔春生;Gong, Chun-sheng
|關鍵詞: ||中國大陸;物權法;不動產;Mainland China;Reality of laws;Real estate|
|上傳時間: ||2010-01-10 23:21:44 (UTC+8)|
|摘要: ||中國大陸在「物權法」草案提出前，翻遍中國大陸的法律條文完全沒有物權這二個字，當然中國大陸以社會主義的義識型態來治理國家，且更以極權統治的方式來管理人民，所以對人民來說也沒有所謂私有財產的問題，改革開放以來人民對經濟上的渴望以及不安全感，而致中國大陸第十屆全國人大第五次會議於2007年3月16日，終於通過《中華人民共和國「物權法」》，並已於2007年10月1日起施行。 |
Before the draft of Real Right Law, legal provisions had never mentioned right in rem anyhow in Mainland China. China’s government not only governed the country by socialist ideology, but also managed people by totalitarian rules, so to people there was no problem about so-called private properties. However, since the reform and opening up, people’s increasing economic desire and insecurity led government adopted Real Right Law of the People s Republic of China at the 5th session of the Tenth National People’s Congress on March 16th, 2007 and put into practice on October 1st, 2007.
Since the drafting of Real Right Law in 1993, there have been a number of different views from all walks of life in Mainland China. As Professor Gong Xiantian at Peking University said, the basic principles of the draft of Real Right Law violate China’s Constitution. “The draft abolishes socialist concept that public property is sacred and inviolable, the core provision of adjustment of property relations in the Constitution and the General Principles of Civil Law. In essence, it attempts to replace the original one by the spirit and principles that private property is sacred and inviolable, which strays from the direction of socialism.”
The amendment to the Constitution of People’s Republic of China has been adopted at the 2nd session of the Tenth National People’s Congress on March 14, 2004. The main purpose was to include the right of private property in the constitutional level. Article XIII of the original text is that the state protects the right of citizens to own lawfully earnings, savings, houses and other lawful property. After amendment Article XIII is modified as “The lawful private property of citizens may not be encroached upon” and “The state protects by law the right of citizens to own private property and the right to inherit private property.”
However, during the 5th session of China’s Tenth NPC in March 2007, there were still 36 retired high-ranking officials, including many retired vice-ministerial level people, protesting to Hu Jintao, Wu Bangguo, and Jia Qinglin strongly against property privatization. This anti-reform force is poised to take off and the scale is unprecedented.
Will this anti-reform force impede the Real Right Law to protect people’s private property in the future? Is there any other opposed factor besides ideological opposition? These issues also are focus of this study.
About the effect to us Taiwanese who attempt to invest real estate in mainland, this study would focus on the influence of Real Right Law of the People s Republic of China to Taiwanese people and the solution. In addition, this study would discuss Chinese people’s expectation toward the Real Right Law, and the ways to win the rights and protection with the help of Real Right Law when Taiwanese people enter China.
The necessary measures of Real Right Law of the People’s Republic of China have not yet been completed, and many of the important implementation units are still missing, such as the unified register rules and register office. Other requirements and organizations which need technical cooperation are yet comprehensive neither, for instance, the measurement regulations, as well as a unified testing agency. How would Taiwanese people cope with the immediate disorder of regulations and all the uncertainty?
This study would compare the Real Right Law of the People’s Republic of China with long-term notions of Taiwanese people, and find out the largest needs of Taiwanese people by a variety of explanations, at the same time in accordance with the Real Right Law, provide Taiwanese people suggestions to effectively protect property rights.