중국의 민법전 제정에 대한 노력과 과제

Recently, China is feeling again the necessity of establishing its civil code. Especially in the 4th Plenum (Plenary Session) held from October 20 till October 23, 2014, the major agenda was to make a review on the overall issue of national administration to ‘manage state affairs according to law’ and the necessity and importance of establishing its civil code was reconfirmed. As a matter of fact, it is true that China has been recognizing the necessity and importance of establishing its civil code but, whenever it confronted a political or historical situation such as ‘Great Leap Forward’ or ‘Cultural Revolution’, China has not put its priority to the establishment of civil code. However, now the establishment of individual law for civil cases is almost completed, hence it is deemed to be a very desirable move that the opinions for the re-codification of civil code are coming out. In the below study, it intended to understand the effort of the studies on legal theories from ancient times to the present day, through which it forecasted what kind of difficult tasks exist in the establishment of future civil code and how to overcome such difficulties. In order to develop the logic, this study intended to illustrate the major issues and tasks in the establishment of future civil code by exploring first the understanding of Chinese Civil Law and the development background of the legal theories as well as considering what kind of difficulties China has gone through in the past several attempts of establishing its civil code.