중국법상 사유재산의 수용과 보상제도에 관한 一考

중국법상 사유재산 수용과 보상제도를 고찰한다.

Through this paper, we can comprehend the scope of protection of private property in current Chinese legal system. In this paper, the author discourse on the scope of private property and possibility of restriction in Constitution of the People's Republic of China(CPRC), and discourse on definition of public interest in CPRC. And, because CPRC provides for compensation in the expropriation, this paper mainly discourse on expropriation system and compensation system, and in oder to comprehend a chain of social events, it refer to dismantlement and removal of urban housing and related matters.

In this paper's conclusion, with the above statements as central topic, the author propose a few suggestions. Firstly, in an individual case, it is necessary clear up that the action of expropriation is corresponds to the necessity of public interest or not, it is for governmental interest or not, it is for commercial interest or not. Secondly, because of CPRC provides that the expropriation in the necessity of public interest must have a legal basis, according to this point, the author suggest that Chinese legal system wants to enact a unified law for expropriation.

Thirdly, in the process of expropriation, it must guarantee that the opening of information of governments for interested party, must assure participation of interested party, and must give assurance for the right in litigation. Lastly, for the purpose of comprehend the Chinese legal system, we must comprehend local grade statutes and regulations, not to speak of national grade law.

Ⅰ. 서언 Ⅱ. 사유재산의 헌법적 의의 Ⅲ. 사유재산의 제한 Ⅳ. 사유재산의 수용에 대한 보상 Ⅴ. 결어 참고문헌 〈Abstract〉