동아시아 국가들의 민법의 동향

Transition countries have tried to achieve democratic reforms, economic reforms and economic growth. China’s civil law and civil legislation have been developed rapidly. China does not have uniform civil code. China has formed a basic system of civil law. Single law, such as contract law, property law, tort law, and other major civil legislation which are essential for the Civil Law have been completed it will be introduced in near future. The Chinese civil law has distinctive factors like the doctrine of unification between a civil law and a commercial law, an embodiment of the ideas of socialism, and a critical role of judicial construction. Under policy of economic liberalization, Vietnam, Laos and Cambodia have been promoting transition toward a market economy and an open door policy. However, they were confronted with problems such as an underdeveloped legal system and inadequacies in law enforcement. Therefore they got help to revise civil code by Japan. The Vietnamese Civil Code was entirely amended in 2005. The amended Civil Code took effect on 1 January 2006. It provides more freedom to the parties to a civil transaction and removes certain uncertainties in the original 1995 Civil Code. But Civil code of Cambodia shows different features to the amendment of the vietnamese Civil Code.