중국의 자본화과정에서의 토지제도의 변천과 보상에 관한 고찰

During the transition of China’s socialist system through reform and opening, a land system reveals many unique aspects arising from China’s historical processes and political systems. Since the reform and opening in 1978, China’s economy transformed from planned economy to planned product economy. In addition, it successfully entered into socialist market economy. As a result, it has significantly enhanced national strength. China stipulated the provision that land use right should be accepted according to the related laws at the amendment of the Constitution of the People’s Republic of China in 1988. Since then, the personal control right ‘real right’ has been accepted under the land sharing system. The sacredness of state ownership has faded, and state ownership, collective ownership and individual ownership have been stipulated. As a result, they have been taken the subjects of equal protection. Furthermore, China’s land system has different policies for urban and rural areas each. The rules relating to the establishment of transfer of urban construction site use right evolved into a private law system as they were being legislated in consideration of market economy. Under these circumstances, the housing site use right or land subcontract management right in the Ministry of Agriculture of the People’s Republic of Korea reveals the characteristics of public law from the perspective of the maintenance of the current economic system and protection of farmers’ livelihood. China’s land system is undergoing a bold and realistic reform in that it responds to modern requests based on conventional laws, judicial interpretation and past rulings. For example, special real rights (ex: unique land subcontract management right, construction site use right, housing site use right, etc.) have recently been enacted. At the same time, the rules relating to land expropriation-related compensation have been improved. China has made continued efforts to guide North Korea, and it is still working on opening the closed economy based on its own experience. In fact, the effects of China on North Korea and whether or not the closed state would open its market just like China are different matters. Even so, all rights accepted under current laws and through changes in China’s land system would have a considerable effect on North Korea’s land system even after Korean reunification. Therefore, the understanding of China’s land ownership and use rights is very meaningful and important.