Property Law (Second Edition)

Author: Liang Huixing
Publisher:
Publish Date: 2003-01-01
Features: According to the civil law theory of the continental legal system, the law that regulates property relations is property law. Property law is divided into two main parts: property rights law and creditor's rights law. Property rights law is the law that regulates the attribution and utilization relations of property, while creditor's rights law is the law that regulates the circulation relations of property (primarily market transaction relations). Since 1979, China has implemented the economic policy of reform and opening up. The law that regulates property circulation relations received early attention. After 1984, China's economic system reform shifted from rural to urban areas. From that time on, the civil law academic community began to shift its research focus toward property rights law. After 1992, China implemented a socialist market economy system, and the legislative body included the drafting of property rights law on the agenda, deciding to formulate China's Property Rights Law. Against this background, we wrote the textbook Property Rights Law as part of the "95 Civil and Commercial Law Series Textbooks" and published it for readers in September 1997. Since the publication of this edition, more than five years have passed, and China's property rights law legislation has made significant progress, with the emergence of three draft property rights laws: the "Draft Property Rights Law of China (Construction Version)" by the Institute of Law of the Chinese Academy of Social Sciences, the "Draft Property Rights Law of China (Proposal Version)" by the Law School of Renmin University of China, and the "Draft Property Rights Law of China (Public Consultation Version)" by the Legal Affairs Commission of the National People's Congress. The theoretical research on property rights law has also made great strides, with numerous specialized research works on property rights law being published, presenting a vibrant and flourishing scene in the study of property rights law. Additionally, during the five years from 1997 to now, the national legislative body has issued several separate laws and regulations on property rights law. All of this marks the entry of China's property rights legislation and property rights law theoretical research into a new era.