Interpretation of the hottest property law draft

2022-08-19
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Interpretation of the draft property law

the draft property law, which has gone through the first to seventh trials of the Standing Committee of the National People's Congress, from publishing the full text to solicit more than 10000 opinions to the public, to holding more than 100 symposiums and legislative demonstrations, was submitted to the fifth session of the Tenth National People's Congress for deliberation on August 8. After carefully studying the current draft property law, it is not difficult to find that the spirit of the constitution of the people's Republic of China and the relevant principles established have been fully and comprehensively reflected in the relevant provisions of the draft

The formulation of the property law with Chinese characteristics comprehensively and accurately reflects the basic economic system of the country up to now. The first article of the draft property law begins with a clear meaning, "in order to maintain the basic economic system of the country and maintain the socialist market economic order, clarify the ownership of things, give play to the utility of things, and protect the property rights of obligees, this law is formulated in accordance with the constitution"

the Constitution stipulates that "the country implements a socialist market economy". Xu Xianming, deputy to the National People's Congress and President of China University of political science and law, said that the socialist property system with Chinese characteristics is determined by the basic socialist economic system, and ownership is the legal expression of ownership and the core and foundation of property rights. To formulate a property law with Chinese characteristics, we must comprehensively and accurately reflect the basic socialist economic system

the draft makes clear provisions on strengthening the protection of state-owned assets

in real life, public property has been seriously infringed. The draft clearly stipulates that "in the primary stage of socialism, the state adheres to the basic economic system with public ownership as the main body and the common development of various ownership economies", "the state consolidates and develops the public sector of the economy and encourages, supports and guides the development of the non-public sector of the economy"

"the current draft property law strengthens the protection of public property in many ways." Relevant legal experts pointed out that the first draft stipulates that "property owned by the state according to the law shall be owned by the state, that is, owned by the whole people." It also determines which properties belong to state-owned property to prevent the loss of state-owned property due to unclear ownership. Second, it stipulates that "no unit or individual can obtain ownership of real and movable properties that are exclusively owned by the state according to the law". Third, it stipulates that "state-owned property is protected by law, and no unit or individual is allowed to occupy, loot, privately divide, intercept or destroy". Fourth, it is stipulated that in the process of enterprise restructuring, merger and division, related party transactions and so on, those who transfer at a low price, conspire to divide privately, guarantee without authorization or cause losses to state-owned assets in other ways should bear the legal liabilities according to law. Fifth, it stipulates that institutions and their staff performing the duties of state-owned assets supervision and management, "those who abuse their power, neglect their duties, and cause losses to state-owned assets should bear the legal responsibilities according to law." These provisions of the draft fully reflect the spirit of the Constitution on strengthening the protection of socialist public property, and have important practical significance

follow the requirements of the market economy and protect all market subjects equally. The draft property law stipulates that "the property rights of the state, collective and private and the property rights of other obligees are protected by law and shall not be infringed by any unit or individual." Sunxianzhong, a researcher at the Institute of law of the Chinese Academy of Social Sciences, said that it embodies the principle of equal protection of different real right subjects and the spirit of the current constitution

"the draft property law stipulates equal protection, which is determined by the characteristics of the market economy." Wang Jiafu, a member of the academic department of the Chinese Academy of Social Sciences and a civil law scientist, said, "market economy requires market subjects to enjoy the same rights, follow the same rules and assume the same responsibilities. If market subjects are unequal, China's market economy is certainly impossible."

according to the constitution, the ownership of state-owned property is exercised by the representative of the State Council.

the draft property law also stipulates: "the ownership of state-owned property is exercised by the State Council on behalf of the state; if there are other provisions in the law, they shall prevail."

According to the constitution, the National People's Congress is the highest organ of state power, and the State Council is the executive organ of the highest organ of state power. The National People's Congress exercises state power on behalf of the national people and makes decisions on major issues related to the overall work of the country according to law, and the specific executive organ should be the State Council

At the same time, Hu Kangsheng said that China's current land management law, mineral resources law, grassland law and other laws clearly stipulate that the State Council exercises ownership on behalf of the state. Therefore, the property law stipulates that the State Council shall exercise ownership on behalf of the state, which is consistent with the current management system. When exercising state ownership, the government should be responsible to and supervised by the people's Congress in accordance with the law

the strong and huge market demand holds the correct political direction. Based on China's national conditions and the constitution, the Standing Committee of the National People's Congress has always adhered to scientific and democratic legislation, and the draft is gradually improved and mature

The draft property law fully reflects the adherence to the basic socialist economic system. Xinhua news agency, Beijing, March 8, Yang Weihan and Liu Yizhan "in the primary stage of socialism, the country adheres to the basic economic system in which public ownership is the main body and the economy of various forms of ownership develops together. The country consolidates and develops the public sector of the economy and encourages, supports and guides the development of the non-public sector of the economy." The draft property law submitted to the fifth session of the Tenth National People's Congress for deliberation on August 8 takes the basic socialist economic system stipulated in the Constitution and the two "unwavering" proposed by the 16th CPC National Congress as the basic principles of the property law, which runs through and is reflected throughout the whole draft

Li lianning, member of the Law Committee of the National People's Congress, said that the socialist real right system with Chinese characteristics is determined by the socialist basic economic system, so measurement will not be accurate. Ownership is the legal expression of ownership and the core and foundation of real right

the current draft property law fully reflects the basic economic system of the country. During the second and third trials of the draft by the Standing Committee of the National People's Congress, many members of the Standing Committee proposed that the draft must reflect the basic economic system with public ownership as the main body and the common development of various forms of ownership. When soliciting public opinions, many people also put forward this proposal

According to the research of the Law Committee of the National People's Congress, the primary issue in formulating the property law based on China's national conditions and reality is to comprehensively and accurately reflect the basic economic system in which public ownership is the main body and the economy of various forms of ownership develops together. Only in this way can we formulate a socialist property law with Chinese characteristics

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