Article 1 13 of the general principles of civil law estimates that the general principles of civil law will not be formally promulgated until 2020, and there are not many articles now. Li Shishi, director of the Legal Affairs Committee of the National People's Congress Standing Committee (NPCSC), was entrusted by the chairman's meeting to give a statement on the general principles (draft) of the laws of the people and the state of China. Compiling various parts of the Civil Code and submitting them to the National People's Congress Standing Committee (NPCSC) for consideration in the first half of 20 18. After deliberation, and after the National People's Congress Standing Committee (NPCSC)'s deliberation in stages, we will strive to submit all the divisions of the Civil Code to the National People's Congress for deliberation and approval in March 2020, and form a unified Civil Code.
Article 113 of the current General Principles of Civil Law: If both parties breach the contract, they shall bear their respective civil liabilities.
Article 1 17 of the new civil procedure law stipulates that article 1 17 of the civil procedure law stipulates that compulsory measures for obstructing civil proceedings must be decided by the people's court. Any unit or individual who illegally detains others or illegally detains others' property to recover debts shall be investigated for criminal responsibility according to law, or be detained or fined.
Article 117th of the Civil Procedure Law of People's Republic of China (PRC), whose subject is it, reads as follows:
The people's court must decide to take compulsory measures against acts that hinder civil litigation. Any unit or individual who illegally detains others or illegally detains others' property to recover debts shall be investigated for criminal responsibility according to law, or be detained or fined.
In other words, compulsory measures that hinder civil litigation must be decided by the people's court. In the criminal law, any unit or individual who fails to comply with the regulations must be investigated for criminal responsibility according to law, that is, ordinary people and units are not qualified to carry out things that infringe on the rights of others except the court. If there is criminal law, we will be suppressed.
Article 117 Interpretation of Property Law: Article 117 [Basic Rights of Usufructuary Right Holder]
Article 117 The usufructuary right holder has the right to possess, use and profit from the real estate or movable property owned by others according to law.
[Explanation] This article is about the basic rights enjoyed by the usufructuary right holder.
The usufructuary right is the right of the obligee to possess, use and benefit from the real estate or movable property owned by others according to law. The usufructuary right is established for the purpose of using and benefiting things owned by others, so it is called "usufructuary right". The usufructuary right system is a very important system in the real right legal system, which constitutes a complete real right system together with the ownership system and the security real right system.
(A) the basic rights of the usufructuary right holder
In accordance with the provisions of this article, the usufructuary right holder has the right to possess, use and profit from the real estate or movable property owned by others according to law.
1. occupied rights
Possession is the actual control of things. Usufructuary right, as a kind of property right with the purpose of use and income, should be necessary for the obligee to actually possess it. Using other people's things to achieve the purpose of utilization and acquisition will inevitably be actually controlled. Without possession, it is impossible to realize the direct use of things.
2. Right to use and benefit
"Use" refers to the actual use of things according to their natural attributes, legal uses or agreed ways. "Revenue" refers to economic income or other benefits obtained by using things. The establishment of usufructuary right aims at the use and income of things. For example, building a house on someone else's land; Farming or raising livestock on other people's land for personal use or sale to earn profits; Building houses on other people's land for sale or lease to obtain income, etc.
(B) the characteristics of usufructuary right
As an important part of the real right system, usufructuary right has the general characteristics of real right, but it also has its own characteristics. In addition to the actual possession of things, the purpose of use and the premise of income, it also has the following characteristics:
1. usufructuary right is a property right derived from ownership.
Ownership refers to the right of the obligee to possess, use, benefit and dispose of his own real estate or chattel according to law, including the right to establish usufructuary right or security right on his own property. Usufructuary right is a right established on other people's property, that is, the right to possess, use and benefit other people's property. Therefore, usufructuary right is regarded as "other property right" as opposed to "self property right" of ownership.
2. usufructuary right is a restricted property right.
Compared with ownership, usufructuary right is incomplete and subject to certain restrictions. Therefore, usufructuary right belongs to "limited property right", which is different from "complete property right" of ownership. First, ownership is the most complete and sufficient right in the category of real right. The owner of the ownership enjoys complete direct control over his property according to law, including possession, use, income and disposal. The usufructuary right has only a part of ownership, and its obligee has the right to possess, use and benefit from the property. Although the obligee can transfer and mortgage his usufructuary right according to law, he has no right to dispose of the ownership of the property. Second, ownership is permanent. As long as the property exists, the owner enjoys the permanent right to the property. The usufructuary right has a time limit. Although the set time limit is often very long, it is not a permanent time limit. At the expiration of the time limit, the usufructuary right holder shall return the possession and use to the owner. Third, the usufructuary right holder must correctly exercise his rights in accordance with the provisions of the law and the contract. The usufructuary right holder shall protect and make rational use of the owner's real estate or chattel, and use the owner's property in the purpose and manner agreed upon when creating the right, and shall not harm the owner's rights and interests.
3. usufructuary right is an independent property right
Usufructuary right is a kind of property right that restricts ownership. Although usufructuary right originates from ownership as the source of rights and belongs to "other property right" and "limited property right", once it is established, usufructuary right has the characteristics of independence from ownership. The control of ownership over things is restricted, and the power of possession, use and income of things is exercised by the usufructuary right holder, and the owner shall not interfere. The owner shall not take back his property at will, and shall not hinder the usufructuary right holder from exercising his rights according to law. The usufructuary right has direct dominance and exclusiveness to the object and can resist the interference of the owner. At the same time, the obligor of usufructuary right includes any third party, and usufructuary right can resist the infringement of all third parties, including the intervention, possession and use of things. Therefore, usufructuary right is an independent property right.
4. usufructuary rights generally take real estate as the object.
Usufructuary rights mostly take real estate, especially land, as the object of use income. Due to the scarcity, irreplaceable and high value of real estate, especially land, and the non-transferability of land ownership according to law, it has become an inevitable requirement for economic and social development to establish usufructuary rights on real estate such as land. The characteristics of movable property determine that it is usually possible to obtain its ownership and use right through purchase, lease, etc.
(C) the significance of establishing the usufructuary right system
The establishment of usufructuary right system is of great significance to social and economic development. To sum up, one is to promote the effective use of resources, and the other is to maintain the orderly use of resources.
1. Promote the effective use of resources
With the development of social economy, people's demand for materials, especially land and other resources is expanding, and land and other resources are relatively scarce and irreplaceable. For the sustainable development of society and economy, it is necessary to improve the effective utilization rate of land and other resources and give full play to their effectiveness. In the process of using resources, it has become one of the tasks of the legal system of property rights, especially usufructuary rights, to establish a mechanism to ensure the utilization of things in order to achieve the purpose of effectively and fully utilizing resources. The legal system of usufructuary right can enable the usufructuary right holder to gain income by possessing and using other people without obtaining the ownership of land and other resources or other people, and at the same time provide wealth for the society. As for the owner, he can also transfer all his land and other resources to others by setting usufructuary rights, so that the owner can gain benefits without directly using his possessions. Both the owner and the usufructuary right holder can get corresponding benefits, which shows that the use value of resources has been more effectively and fully realized. As far as the whole society is concerned, social resources are effectively utilized, and the overall interests of society are realized and satisfied to the greatest extent.
2. Maintain the orderly utilization of resources.
Maintaining the orderly utilization of resources has the following four meanings:
First of all, through the usufructuary right system, the rights and obligations between the owner and the usufructuary right holder are determined, so as to realize the balance of interests between the right holders. The system of usufructuary right is not a system established solely to safeguard the interests of usufructuary right holders, but a system that takes into account the interests of all while safeguarding the rights of usufructuary right holders. Therefore, the usufructuary right system is a legal system to balance the interests protection between the usufructuary right holder and the owner.
Secondly, the rights and obligations between the owner and the usufructuary right holder stipulated in the usufructuary right system are legal rights and obligations, and the parties shall not change them at will. This prevents one party from taking advantage of its social or economic advantages to force the other party to give up its rights or unreasonably increase its obligations that should not be performed by the other party. To ensure the long-term stability of the rights and obligations of both parties.
Thirdly, usufructuary rights generally need to show the right status of land and other resources to the society through registration and publicity. Through publicity, the rights of the usufructuary right holder are guaranteed not to be infringed by others, and the transaction safety is guaranteed. At the same time, by registering the establishment purpose of usufructuary right and the use of land and other resources, the usufructuary right holder is prevented from changing the original use of land and other resources without authorization.
Finally, the usufructuary right system gives the obligee the right to possess, use and benefit from land and other resources. At the same time, the obligee is also required to undertake the obligation of protecting and rationally developing and utilizing resources when exercising their rights. This is of great significance to the protection and rational development and utilization of land and other resources, and to the sustainable development of social economy.
(four) the right type of usufructuary right
The types of usufructuary rights have different institutional arrangements in different countries, which are mainly determined according to the different political, economic, historical and cultural backgrounds of a country. Generally speaking, superficies, easements and permanent tenancy rights in traditional civil law are the most representative. China's usufructuary right system is determined according to China's socialist basic economic system. The types of usufructuary right stipulated in the special chapter of Property Law include land contractual management right, construction land use right, homestead use right and easement.
Article 117 Crime of Obstruction of Public Service of the Criminal Law of People's Republic of China (PRC) Article 117 A criminal suspect who does not need to be arrested or detained may be summoned to the designated place of the city or county where the criminal suspect is located or to his residence for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record.
The duration of summons or summons shall not exceed twelve hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours.
The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.
Lightning peak Chapter one hundred and seventeen Dark clouds Lightning peak Chapter one hundred and seventeen Dark clouds
On this desolate Gobi desert, the whistling wind swept the ground like a sharp blade, rolled up floating soil and gravel and floated in the air. From a distance, it seemed as if a layer of loess gauze was covered between heaven and earth.
Looking further away, it is an orange desert of death.
The hot sun shines directly on the earth, and the air is filled with hot breath.
On the edge of this desolate desert, it is difficult to find a figure when you look around. Some are just flying dust and whistling wind.
Strong winds blow through the Gobi desert, and yellow weeds grow tenaciously. Weeds overturned the body, revealing a figure.
I was dressed in rags, covered in sharp-edged wounds and covered in blood, as if I had just experienced a bloody battle.
If you don't breathe, if you are so delicate, if your chest doesn't rise and fall slowly, I'm afraid everyone will think that this is a body, a body that was killed and abandoned in the desert.
After a long time, my body was covered in blood, my eyebrows trembled slightly, and then my closed eyes slowly opened a gap, listening to the wind whistling in my ear, but my mouth gave me a weak smile.
Those two damn swire qingluan, damn space cracks, where the hell did they send him?
"Don't eat an egg? This price is too high. Besides, I wouldn't have to dig out the eggs if that damn chick hadn't provoked me? "
The figure of the suspected dead body is Zhu Ba who participated in the space crack. First, it was seriously injured by the strong wind swept by the wings of Taikoo Qingluan bird, and then it was seriously destroyed in an unusually fierce space crack. Finally, just like throwing garbage, I left it in this desolate place.
If it weren't for the last extension of the magic armor protector, resisting the tearing force of most of the space, it is estimated that he would report directly to hell now.
Fortunately, Zhu Ba first escaped from the clutches of the Taikoo Qingluan bird, and then he was able to save his life in the cracks in space.
However, his body was severely destroyed by several forces, especially the violent forces in the cracks in space. The injury was quite serious, but now I don't even have the strength to raise my hand. As for standing up, don't even think about it. And he was thrown here by a space crack, and it's been almost a day now. On this day, he can only lie on the ground like a corpse, and then carefully provoke the last trace of quarrelling to moisten the broken body.
But there is a saying that a blessing in disguise is a blessing in disguise.
Pisces in the body are almost consumed. If you don't succeed, you will become benevolent, and the unbreakable realm shackles will be broken. Zhu Ba has now become the strong man of the Eighth Order Heaven. As long as he is given enough time, Zhu Ba is confident that in the shortest time, he will extract the surging essence of life from the egg of the ancient qingluan god, which can not only repair the seriously damaged body, but also completely stabilize the strength realm.
However, because of the serious physical injury, Juba's physical condition is no different from that of the living dead, and it can't even move for half a minute. It can be said that even one or two-year-old children are holding knives, waiting to pick him up.
However, this does not mean that Zhu Ba has no ability to protect himself. Fortunately, with the entrustment of the realm, the golden ocean in Zhu Ba's brain space has also expanded several times, bringing a surge in spirit. Although Zhu Ba is lying on the ground now, it is equivalent to a corpse, but with the almost abnormal spirit of the earth in his brain, it can instantly kill any strong person below the seventh-order earth fighter.
So Zhu Ba can't move while lying on the ground, but if someone has bad intentions towards him, I'm afraid that person will die.
On the desolate Gobi, the heat wave is rolling, and the roaring storm is carrying sand and wreaking havoc on the earth.
If you pay enough attention, you will see the wind whistling outside, but within one meter around the bamboo dam, it is abnormal, and even the weeds are not shaking at all.
Zhu Ba, with his eyes closed, is controlling the pure essence of life that emanates from the egg of Taikoo Qingluan God, slowly brushing the broken parts of the meat, just like a warm mother's hand, gently brushing it, giving him a warm feeling.
Under this strange touch, Zhu Ba's body regained consciousness bit by bit, but she still couldn't move for half a minute, and heaven and earth changed in the sun and night.
The desolate Gobi is not only inaccessible, but also has few wild animals. For several days, Juba lay on the ground like a corpse.
"Jingle bell ..."
A gust of wind roared past, and Zhu Ba's closed eyes suddenly opened and his ears listened slightly. Soon, the clear camel bell rang in my ear.
"Finally someone came."
Juba's eyes narrowed and then closed.
This is a caravan of the human empire, with a team of about several hundred people. Dozens of huge camels in the caravan are full of supplies. In addition, there are several cars in the caravan. The whole caravan moved slowly in the dark night, in the opposite direction to that where Juba was lying.
Due to a lot of goods, the speed of the team of hundreds of people is not fast. However, the mercenary guards of the whole team are very cautious, and their vigilant eyes are scanning the surrounding situation.
"Crunch, crunch ~" The flat carriage makes a rhythmic sound, which is particularly clear in the dead Gobi night.
"Captain, the Gobi in the dark is too dangerous. Look, let the brothers camp. " The mercenary said to a strong man wearing black iron armor and a wide nose.
"No, our mercenary group has accepted the entrustment, so we must do what we say, or we will smash our own signboard." The middle-aged strong man of Terran said firmly.
"Tell brothers to be careful. After completing this task, everyone's commission will double. "
As the saying goes, people die for money and birds die for food.
Suddenly, the whole caravan mercenaries became refreshed and walked forward happily.
"Crunch ..."
The caravan marched slowly along the Gobi.
"Colonel, there is a dead man here." The mercenary in charge of the investigation sent back a message.
The strong man arrived with the people inside and looked at the young man lying in the grass, covered in injuries and his blood had already solidified. His body was covered with blood cocoons, and obviously he couldn't die any more.
"Another bad man."
The strong man sighed lightly and said, suddenly, the tiger looked straight and said coldly, "Little bald head, what are you doing?"
It turned out that the young man named Little Bald approached the body on the ground with ulterior motives. The head of the regiment took a cold sip and said obsequiously, "Anyway, he is dead and his things are useless. It is better to leave them to me. "
"The dead also want something. Aren't you afraid of Kramer's punishment? " Strong man coldly denounced.
Suddenly, the little bald head's face turned white and his outstretched hand was put away. In fact, it is also his luck. As long as he dares to touch Zhu Ba's body, that terrible spirit accumulated for a long time can kill him more than ten times in an instant.
Juba closed her eyes, but she clearly realized what was happening outside. Suddenly she heard a pleasant voice.
"What's the matter? Head? " A tall woman with eyebrows like willow and skin like snow, wearing a plain robe, got off the carriage. The bumpy figure is particularly plump under the package of plain robes, and the voice is soft, which makes people feel like spring breeze.
Behind the woman, a well-dressed teenager is timidly hiding and peeping from time to time.
"Miss Mencius, it's nothing serious, just a dead man was found," the other side said respectfully.
As soon as this woman appeared, many eyes around her immediately focused on her. In these eyes, there is a kind of fiery.
The woman arch eyebrows slightly a cluster, soon slowly, a moment later, those long rounded * * appeared in front of Zhu Ba. The woman observed it carefully for a while and suddenly said with surprise, "He is still alive. Let's carry him to the carriage first. "
"Miss Meng Zi, take this half-dead person, which is likely to affect our trip. Besides, the carriages are full and there is no place. " The strong man also saw the fluctuation in his chest and said with a frown.
"So, move him to our carriage. I really can't watch him die here, "the woman said firmly.
"Since Miss Mengzi insists on this, then ..." The strong man shouted to the mercenary standing by: "Go to two people, carry him into the carriage of Miss Mencius and continue on the road."
"Crunch ..."
Soon, the whole team slowly hit the road again.
Among them, in a carriage, Miss Qing Zi and her brother were huddled on one side, while Juba was lying on the other side.
"Sister, I'm so scared," said the teenager who was obviously only eleven or twelve. He glanced at Zhu Ba with frightened eyes like a corpse, and then retreated to his sister's arms.
"Don't be afraid, he is still alive." Sister touched the boy's head gently. "Remember what my sister said. In the future, you should lend a helping hand to those who are in trouble. This will help you if you are in trouble. Do you know? "
The boy nodded puzzled, but when his eyes swept Zhu Ba, he was still a little scared.
With Juba's spiritual strength, it is natural to see that Miss Meng Zi is just a fifth-order warrior, and this child is just a tripod warrior, which does not pose a real threat to him. Although Zhu Ba has repaired most of the dark wounds these days and will be able to resume action in a few days, he is a little moved by the kindness of this woman. I secretly said to myself, if I can help you in the future, I will help you.
For several days, Juba lay quietly in the carriage, and her body almost recovered her mobility. Her strength is not completely stable, but she is still much stronger than before.
After all, the gap between the seventh-order earth warrior and the eighth-order cloud can be said to be a world of difference.
Miss Meng Zi and teenagers seem to have become accustomed to it and are not afraid. The boy seemed curious and looked at Zhu Ba.
That night, the tired caravan stopped and lit a bonfire, and the camp was silent.
Suddenly, Juba suddenly opened his eyes and looked west. A ferocious cavalry swept in.
Soon, the sound of the ground shaking became stronger and stronger, and someone in the camp noticed the difference and issued an early warning.
Article 119 of the old General Principles of Civil Law was adopted at the fourth session of the Sixth National People's Congress on April 1986/2.
1April 986 12 Promulgated by Decree No.37 of the President of the People's Republic of China.
Article 119 of the old General Principles of the Civil Law: If a civil liability citizen who infringes on the right to life and health suffers physical damage, he shall compensate for medical expenses, income reduced due to missed work, living allowance for the disabled and other expenses; If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall be paid.
What about the charges in article 1 17 of the criminal law? The crime stipulated in article 1 17 of the criminal law is the crime of destroying traffic facilities.
Article 117 of the Criminal Law: Whoever sabotages tracks, bridges, tunnels, highways, airports, navigation channels, lighthouses, signs or engages in other sabotage activities enough to overturn or destroy trains, cars, trams, ships and aircraft without causing serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Under what circumstances will the provisions of Article 117 of the Criminal Procedure Law be violated? 1. Contents of criminal summonses stipulated in this Law.
2. Criminal summoning is applicable to criminal suspects who do not need to be arrested or detained.
Relevant laws and regulations:
Article 117 of the Criminal Procedure Law: A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificates of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record.
The duration of summons or summons shall not exceed twelve hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours.
The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.