중국의 토지등기에 관한 연구

중국의 토지등기법과 토지등기제도를 검토한 연구이다.

My paper assesses China's Land Registration Act which stipulates the procedures to register land with a view to helping Korean investors in China to understand the key provisions of the Act better. Since the private ownership of land was not permitted in China, there was no need for the real estate registration system. Instead, there has been raised an issue of the real estate registration system in light of the efficient management of national land. As the economic liberalization policies had been accelerated, the Chinese government had considered the limited private ownership of land. As a result, it wad decided to separate the right to own land and the right to use land.

In particular, while every land is in principle owned by the government, individuals are allowed to hold the right to use it. Thus, China introduced the real estate registration system. The initial China's real estate registration system has several shortcomings, including the absence of separate rules and the inconsistency among the registration authorities. Recognizing the limitations, China introduced the Property Rights Act in 2007 which is considered to become the legal foundation for real estate issues. China made more efforts in the area of real estate legislation by introducing Land Registration Act and Building Registration Act. There remain still more works to be done.

Recognizing the fact that the current Land Registration Procedure Act contains just basic provisions, some argue for the introduction of Real Estate Act which disciplines the real estate registration procedures comprehensively.