Property Law of the People's Republic of China
 Property Law of the People's Republic of China
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Law of the People's Republic of China Constitution of the People's Republic of China Property Law of the People's Republic of China |
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Communist Party of China National People's Congress State Council |
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| 2007 National People's Congress | |
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The Property Law of the People's Republic of China (Chinese: 中华人民共和国物权法, Pinyin: Zhōnghuá Rénmín Gònghéguó Wùquán Fǎ) is a property law adopted by the National People's Congress in 2007 that went into effect on October 1, 2007. The law covers the creation, transfer, and ownership of property in the mainland of the People's Republic of China (PRC) and is part of an ongoing effort by the PRC to gradually develop a civil code. In developing civil law in the PRC mainland, the PRC government has used the German Pandectist system of classification under which the property law corresponds to the law on real rights, which is the term used in Chinese for the official name of the law.
The drafting of the law involved considerable controversy. The proposed bill caused quite a stir since it was first published in 2002, was subsequently deferred, and yet again failed in its reading at the National People's Congress (NPC) of 2006 because of disputes over its content. It finally went through its eighth reading in 2007. Many in the Chinese legal community feared that creating a single law to cover both state property and private property would facilitate privatization and asset stripping of state-owned enterprises. The draft law was subject to a constitutional challenge. Legal scholars, notably Gong Xiantian of Peking University, argued that it violated the constitutional characterization of the PRC as a socialist state. The law was originally scheduled to be adopted in 2005, but was removed from the legislative agenda following these objections. The final form of the law contains a number of additions to address these objections.
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