|
Some opinions and suggestions on the draft of real property law
LIANG Huixing
Front. Law China. 2007, 2 (2): 198-223.
https://doi.org/10.1007/s11463-007-0010-4
It is suggested in the article that exclusivity should be added to the definition of the real property right; the following clauses should be revised: the definition of the real property right, the competency of evidence of the register of immovables, the effectiveness of the bona fide protection of real property registration, the tort liabilities of the registration authority, possession reformulation, state ownership of water resources and wildlife resources and public utilities, bona fide acquisition, transfer of contracting and operational rights, and mortgage. The following provisions should be added: the ownership of religious property, the acquisitive prescription, and the pledge on business. It is also suggested that the provisions on claims in rem prescribed in Article 39 and Article 42 be deleted, and the provision on dwelling rights, that is, Chapter XV, also be deleted.
Related Articles |
Metrics
|
|
How Chinese enterprises live in freedom, competition under the rule of law —on the current changes of Corporate Law and Competition Law in China1
SHI Jichun
Front. Law China. 2007, 2 (2): 224-254.
https://doi.org/10.1007/s11463-007-0011-3
China has thoroughly amended its corporate law and hastens to formulate an anti-monopoly law. To rebound then deny the planned economy once adopted, China firmly practices marketization reform. However, common-recognized rules haven t taken shape without sufficient gaming and, lots of quick introduced legislations are only superficial provisions. As the trend of corporate legal system in developed countries, freedom and responsibility are the two contraries but not contradictory directions during the recent reform of China s corporate law. One is deregulation, e.g., introducing one-person company and the transition from approval system to registration system for the establishment of a company; while the other is adding various provisions of responsibility and liability to the Company Law for controlling shareholders, actual controllers, directors, supervisors and top managers. The Anti-Unfair Competition Law of China not only prescribes unfair competition but also counters monopoly. In general, it mainly focuses on anti-monopoly provisions, to popularize the concept and value of free market, making systematic regulations on any kinds of monopoly. This article reviews its background, process, meaning as well as the problems encountered. As there remains somewhat a mystery that China rapidly develops, it may also reflect a fringe of the reason.
Related Articles |
Metrics
|
7 articles
|