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加藤雅信(가토 마사노부),김상수(번역자) 서강대학교 법학연구소 2011 법과기업연구 Vol.1 No.1
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.
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