Stimulate the vitality of creating wealth
There is no such thing as forgiveness for original sin.
Mencius, a thinker in China, said: "There are persistent people who have perseverance."
The Expert Proposal Draft of Property Law was drafted on 1993. 1999 10, and in 2000 12, the research group led by Professor Liang Huixing of China Academy of Social Sciences and Professor Wang Liming of Renmin University completed the drafting of the Expert Proposal of Property Law respectively. After a long period of 14 years, the property law was finally promulgated. For the original drafters, how would they interpret it?
Professor Sun, director of the Civil Law Office of China Academy of Social Sciences, executive vice president of china law society Civil Law Research Association, and one of the drafters of the expert proposal of China Academy of Social Sciences, said in an interview that the first signal brought to us by the introduction of the property law is that the property rights of ordinary people have been guaranteed. In the past, the property of ordinary people could not enjoy equal status with public property politically. The normal desire of ordinary people to acquire property is called selfishness; Property owned by ordinary people is often "legally" violated by public authorities (for example, in land acquisition and demolition). Now, the Property Law publicly stipulates "private ownership" for the first time in the history of socialist countries, stipulating that it has the same status as the ownership of public property and is equally protected by law, which is of great significance for protecting basic civil rights such as property rights. Mencius, a great thinker in our country, said: "Those who have permanent property have perseverance", which means that public power should fully protect people's property ownership, and now the property law finally admits this. This is actually a sign that China has truly entered a constructive society, because the development of the country cannot be separated from the people's labor, and the workers must have enthusiasm. However, the enthusiasm of workers can not be maintained and motivated by good promises, but can only be realized by recognizing and protecting their ownership of labor results. This provision of the property law provides a solid guarantee for the influx of national wealth and national wisdom. Although the property law cannot solve the problem of distribution between the rich and the poor, it will not widen the gap between the rich and the poor.
Professor Wang Liming, head of the research group on property law of Renmin University, member of NPC Law Committee and dean of Law School of Renmin University of China, told reporters that property law is a basic civil law for a country to recognize, utilize and protect property. Some people in the society think that the property law protects the rich rather than the poor. This understanding is completely wrong. The Property Law protects both the poor and the rich, and all legal property is equally protected. Because not every rich person is born rich, only by protecting the poor and the rich can people be encouraged to create wealth. As for the view that the Property Law pardons the original sin of private enterprises, it is even more wrong. We can't assume that all private enterprises are guilty because of the mistakes of some enterprises, and the formulation of original sin itself is wrong. According to the principle that the acquisition of property ownership must be legal, the property law will not confirm that illegally acquired property has property rights, nor will there be so-called "original sin" pardon.
For the original sin of private enterprises, the reporter specially interviewed President northwest university of politics and law who came to Beijing for a meeting and Professor Jia Yu, the vice president of China Criminal Law Society, who just won the title of Top Ten Young Jurists. He said that the statement of original sin is based on the presumption of hypothetical position and is not recognized by law. If the illegally obtained property has violated the criminal law, it will be investigated by the criminal law. Even if it is obtained in the past, as long as it is during the retrospective period of the criminal law, it should still be investigated for responsibility according to the criminal law. According to the principle of Criminal Law, the process of entrepreneurs acquiring property can be divided into four situations: legal at that time, legal now, and of course protected; It was legal at that time, but if it is illegal now, it will not be investigated; It was illegal then, but it is legal now. If it was not found at that time, it will not be investigated now; It was illegal then, and it is illegal now. As long as it is in the retrospective period, no matter when it comes, criminal responsibility should be investigated.
Standardize the exercise of relevant public power.
Lay the foundation of administration according to law
John Locke, a British scholar, famously said, "Without individual property rights, there is no justice."
Demolition of urban houses, confiscation of hawkers by urban management and expropriation of farmers' land are hot issues of widespread concern to the people. When asked about the impact of the promulgation of the Property Law, Professor Wang Liming said that the dissemination and popularization of the concept of property rights will lay a solid foundation for the government to administer according to law. One of the criteria for the legality of administrative acts is to see whether the basic property rights of citizens established in the Property Law are respected. Property right, life right and freedom right are called the three basic rights of citizens. When exercising public power, administrative organs should fully establish the concept and consciousness of property rights and attach importance to and protect private property rights. For example, the police perform official duties, without legal authorization and legal procedures, and cannot invade citizens' homes at will; For illegal stalls, the urban management department has the right to manage and punish according to law, but it is not allowed to smash the property of the stall owner at will. It can be said that the property right stipulated in the property law is the basis of administration according to law.
Professor Sun told reporters that the property law embodies the concept of "people-oriented" and has a basic understanding of protecting the civil rights of ordinary people. For example, articles 13 and 22 can eliminate the problem of arbitrary charges when administrative organs register and urge the government to enhance its service awareness. Article 42 requires the government to have a legitimate purpose in land expropriation, that is, it can only be for the public interest. When exercising the right of expropriation, the government should follow the procedures established in the Property Law, and finally make full compensation according to the compensation standards stipulated in the Property Law. The important content of administration according to law is that administrative actions must conform to legal procedures.
Property is neither high nor low.
Equal protection is the principle.
American jurist Pound famously said, "In commercial times, wealth is mostly made up of promises."
Article 4 of the Property Law establishes the principle of equal protection of state, collective and private property rights. Professor Sun believes that it is feudal consciousness to classify property and treat it differently. He said: since the reform and opening up, great changes have taken place in the country's economic life, and the people's living standards have also been greatly improved. The property acquired by the people according to law should be protected. As long as it is a legal right, it should be recognized as a legal right and be equally protected. Property law embodies the principle of equal protection for different subjects of property rights, which not only respects state-owned property, but also protects the interests of the urban rich and the rural poor. This kind of equal protection also means that when state-owned property is infringed, the principle of "as much damage as there is" must be applied, just like non-state-owned assets are infringed. It cannot be said that infringement of state-owned property will result in more compensation, while infringement of personal property will result in less compensation. In addition, equal protection is also embodied in the Property Law, which stipulates that when citizens' private property needs to be expropriated for public interests, reasonable compensation must be given. Of course, to fully implement the property law, we need various supporting laws and regulations.
Professor Wang Liming told reporters that the principle of equal protection is determined by the nature of China's socialist market economy. On the one hand, the market economy naturally requires equality, because the transaction itself is based on equality. Only equality can achieve equality in competition. The transaction behavior in the market, to a considerable extent, is reflected in the disposal of some property by enterprises. If property cannot be equally protected, the legal status between enterprises is unequal, and market transactions cannot be carried out at all. American jurist Pound famously said, "In commercial times, wealth is mostly made up of promises." Since the contract constitutes the main content of wealth, it naturally requires that there is an equal relationship between market subjects, and the ownership of property is the premise of trading behavior, which requires the property law to give equal protection to all kinds of property subjects. Only by confirming the equality between market subjects can we establish an effective incentive mechanism, so that market economic subjects have enough motivation to participate in market economic activities and promote economic prosperity and development.