Yesterday, the Standing Committee of the National People's Congress announced the full text of the draft property law to the public and solicited opinions from all walks of life. According to relevant persons from the Legal Work Committee of the Standing Committee of the National People's Congress, this is the draft law for the 12th Ministry of the People's Republic of China to announce the opinions to the public after the 1954 Constitution, the Contract Law, and the Marriage Law.
Chen Huabin, a member of the expert group of the "Property Law" and a researcher at the Institute of Law of the Chinese Academy of Social Sciences, pointed out that the draft of this announcement was reduced from 269 in the third trial to 268, with a total of five chapters and 20 chapters. The draft clarifies the scope and principles of the adjustment of the property law, and gives a detailed enumeration of state ownership and collective ownership. It also specifies the usufructuary rights and security interests, as well as the unified registration system, the protection of property rights, and the adjacent relationship. Provisions were made for the sharing, the acquisition of goodwill, the discovery of buried objects, and the possession of possessions.
According to the arrangement, the Standing Committees of the People's Congress of the autonomous regions and municipalities directly under the Central Government are responsible for collecting opinions of the NPC deputies and relevant departments of the region, legal teaching and research institutions, and submitting the opinions to the Law Committee before August 20. The local people may send their opinions to the local provincial people's congress standing committee, or directly to the NPC Standing Committee Legal Work Committee (Zip Code 100805) or through the China National People's Congress website ().
At the same time, the NPC Law Committee and the NPC Standing Committee Legal Work Committee will further seek the opinions of relevant departments and various parties through seminars and seminars. The National People's Congress also invited media organizations such as the central and provincial newspapers, radio stations, and television stations to publish articles discussing the draft property law and to report on the discussions and opinions.
The General Office of the Standing Committee of the National People's Congress and the China Democracy and Legal Publishing House will simultaneously publish the booklet of the Property Law (Draft) and the "Reference of the Property Law (Draft)" compiled by the Law Commission of the Standing Committee of the National People's Congress.
New highlights of the draft
1; the concept of the owner is written into the draft;
Chen Huabin, a member of the drafting group of the Experts' Proposal Draft of the Property Law and a researcher of the Civil Law Office of the Law School of the Chinese Academy of Social Sciences, said that the draft property law draft had some changes compared with the third review draft. The original three-review draft chapter stipulates the ownership of the building, but there is no concept that the “owner†is familiar to the masses.
Chen Huabin pointed out that the building ownership of the original three-review draft is actually the "owner" that the common people often say.
Yao Hong, director of the Civil Law Office of the Legal Affairs Committee of the Standing Committee of the National People's Congress, said that the owner is not only the owner of the building, but the owner of the industry can call the owner.
Regarding this modification, Chen Huabin believes that the legislature is considering the convenience of the masses' learning method. "Introducing the owner's expression is more in line with the people's cognition and social status."
2; A detailed list of national ownership publications provides a detailed listing of state ownership and collective ownership.
Chen Huabin pointed out that the draft specifically added a clause, and the state maintains the basic economic system in which the public ownership is the mainstay and the multiple ownership economies develop together.
The draft details the minerals, water currents, sea areas and urban land that are owned by the state. Natural resources such as forests, mountains, grasslands, wastelands, and tidal flats are owned by the state, except where the law stipulates that they are collectively owned. Public facilities such as roads, electricity, telecommunications, and natural gas are owned by the state in accordance with the law and are owned by the state. Land and wildlife resources in rural and urban suburbs are owned by the state.
The draft also specifically authorizes the State Council to exercise ownership of the natural resources such as minerals, water currents, sea areas and state-owned land and grasslands.
3; The draft deletes the "additional" provisions of an important system in the General Principles of the Civil Law "addition" was deleted in this draft. The decoration of the house is a kind of attachment behavior. The term "addition" refers to a combination of two or more objects due to attachment, mixing or processing. The academic community believes that the legal consequences of the attachment should be stipulated by the property law.
Chen Huabin pointed out that the attachment is in an unacceptable situation in practice, and the draft of the Property Law has made a principled provision. In theory and practice, the nature of the attachment behavior has been controversial. On July 3, Yao Hong also said during his participation in the National Civil and Commercial Law Practical Forum that whether the attachment system requires the property law is a problem worth studying.
4; Land use rights can be applied for renewal in China, the land belongs to the state, but people can use it for a certain period of time. For example, the land use period of a house owned by an average person is 70 years. So, 70 years later, what about the house? For some time, this issue has become the focus of social attention.
In response to this problem, the draft property law stipulates that the period for the construction of land use rights expires and the right to use construction land is eliminated. If the right to use construction land is eliminated, the transferor shall promptly cancel the registration. The registration agency shall recover the certificate of construction land use right. If the period of construction land use right expires and the construction land use right owner needs to continue to use the land, it shall apply for renewal one year before the expiration of the period.
Legal experts involved in the drafting and revision of this draft law said that this is only a principled provision. As for how to operate, it needs to be further clarified in the future.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
From: Beijing News
Chen Huabin, a member of the expert group of the "Property Law" and a researcher at the Institute of Law of the Chinese Academy of Social Sciences, pointed out that the draft of this announcement was reduced from 269 in the third trial to 268, with a total of five chapters and 20 chapters. The draft clarifies the scope and principles of the adjustment of the property law, and gives a detailed enumeration of state ownership and collective ownership. It also specifies the usufructuary rights and security interests, as well as the unified registration system, the protection of property rights, and the adjacent relationship. Provisions were made for the sharing, the acquisition of goodwill, the discovery of buried objects, and the possession of possessions.
According to the arrangement, the Standing Committees of the People's Congress of the autonomous regions and municipalities directly under the Central Government are responsible for collecting opinions of the NPC deputies and relevant departments of the region, legal teaching and research institutions, and submitting the opinions to the Law Committee before August 20. The local people may send their opinions to the local provincial people's congress standing committee, or directly to the NPC Standing Committee Legal Work Committee (Zip Code 100805) or through the China National People's Congress website ().
At the same time, the NPC Law Committee and the NPC Standing Committee Legal Work Committee will further seek the opinions of relevant departments and various parties through seminars and seminars. The National People's Congress also invited media organizations such as the central and provincial newspapers, radio stations, and television stations to publish articles discussing the draft property law and to report on the discussions and opinions.
The General Office of the Standing Committee of the National People's Congress and the China Democracy and Legal Publishing House will simultaneously publish the booklet of the Property Law (Draft) and the "Reference of the Property Law (Draft)" compiled by the Law Commission of the Standing Committee of the National People's Congress.
New highlights of the draft
1; the concept of the owner is written into the draft;
Chen Huabin, a member of the drafting group of the Experts' Proposal Draft of the Property Law and a researcher of the Civil Law Office of the Law School of the Chinese Academy of Social Sciences, said that the draft property law draft had some changes compared with the third review draft. The original three-review draft chapter stipulates the ownership of the building, but there is no concept that the “owner†is familiar to the masses.
Chen Huabin pointed out that the building ownership of the original three-review draft is actually the "owner" that the common people often say.
Yao Hong, director of the Civil Law Office of the Legal Affairs Committee of the Standing Committee of the National People's Congress, said that the owner is not only the owner of the building, but the owner of the industry can call the owner.
Regarding this modification, Chen Huabin believes that the legislature is considering the convenience of the masses' learning method. "Introducing the owner's expression is more in line with the people's cognition and social status."
2; A detailed list of national ownership publications provides a detailed listing of state ownership and collective ownership.
Chen Huabin pointed out that the draft specifically added a clause, and the state maintains the basic economic system in which the public ownership is the mainstay and the multiple ownership economies develop together.
The draft details the minerals, water currents, sea areas and urban land that are owned by the state. Natural resources such as forests, mountains, grasslands, wastelands, and tidal flats are owned by the state, except where the law stipulates that they are collectively owned. Public facilities such as roads, electricity, telecommunications, and natural gas are owned by the state in accordance with the law and are owned by the state. Land and wildlife resources in rural and urban suburbs are owned by the state.
The draft also specifically authorizes the State Council to exercise ownership of the natural resources such as minerals, water currents, sea areas and state-owned land and grasslands.
3; The draft deletes the "additional" provisions of an important system in the General Principles of the Civil Law "addition" was deleted in this draft. The decoration of the house is a kind of attachment behavior. The term "addition" refers to a combination of two or more objects due to attachment, mixing or processing. The academic community believes that the legal consequences of the attachment should be stipulated by the property law.
Chen Huabin pointed out that the attachment is in an unacceptable situation in practice, and the draft of the Property Law has made a principled provision. In theory and practice, the nature of the attachment behavior has been controversial. On July 3, Yao Hong also said during his participation in the National Civil and Commercial Law Practical Forum that whether the attachment system requires the property law is a problem worth studying.
4; Land use rights can be applied for renewal in China, the land belongs to the state, but people can use it for a certain period of time. For example, the land use period of a house owned by an average person is 70 years. So, 70 years later, what about the house? For some time, this issue has become the focus of social attention.
In response to this problem, the draft property law stipulates that the period for the construction of land use rights expires and the right to use construction land is eliminated. If the right to use construction land is eliminated, the transferor shall promptly cancel the registration. The registration agency shall recover the certificate of construction land use right. If the period of construction land use right expires and the construction land use right owner needs to continue to use the land, it shall apply for renewal one year before the expiration of the period.
Legal experts involved in the drafting and revision of this draft law said that this is only a principled provision. As for how to operate, it needs to be further clarified in the future.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
From: Beijing News
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