When it comes to property rights, most people think of personal property first. In fact, the connotation of property rights is gradually enriching and expanding. According to Chang Xiuze, a professor at the Macroeconomic Research Institute of the National Development and Reform Commission, "the current concept of property rights includes not only property rights, creditor's rights and equity that we are familiar with in the economic field, but also intellectual property rights, intangible property rights (such as human capital property rights) and natural resource assets that span the economic, social, cultural and environmental resources fields."
The Opinions of the Central Committee of the State Council on Improving the Property Rights Protection System and Protecting Property Rights according to Law was published in full on the 27th. This is the first time that China has introduced the top-level design of property rights protection in the name of the central government.
The Opinions clarified the ten major tasks of property rights protection, solved eight major property rights problems, and focused on improving the property rights protection system and protecting property rights according to law.
10 big task
Strengthen the protection of property rights of various ownership economies; Improve the legal system of equal protection of property rights; Properly handle historical property rights cases; Strictly regulate the legal procedures for the disposal of property involved; Conscientiously grasp the judicial policy of dealing with property rights and economic disputes; Improve the government's trustworthiness mechanism; Improve the system of property expropriation and requisition; Strengthen intellectual property protection; Improve various systems and increase the property income of urban and rural residents; Create a good environment for the whole society to attach importance to and support the protection of property rights.
Eight major problems
1. Non-public property rights protection is weaker than state-owned property rights protection: adhere to equal protection.
The "Opinions" make it clear that the property rights of the public economy are inviolable, and the property rights of the non-public economy are equally inviolable. Accelerate the compilation of the civil code. We will improve the legal system of market entities based on the organizational form of enterprises and the way investors assume responsibility, and make overall plans to study, clean up and abolish the laws and administrative regulations of market entities formulated according to different ownership types. Strengthen the criminal law protection of non-public property.
2. The irregular operation of enterprises, especially private enterprises in the past: following the principle of non-retroactivity, etc.
The "Opinions" pointed out that mistakes must be corrected, and a number of complaints about property rights disputes that have been strongly reflected by the society should be promptly identified and corrected, and a number of cases of property rights infringement should be analyzed. Strictly follow the principles of non-retroactivity of laws, legality, and which is more important between the old and new laws, and treat objectively and properly the irregular problems existing in the operation of various enterprises, especially private enterprises, since the reform and opening up.
3. Dispose of the property involved and arbitrarily implicate the legal property: take compulsory measures cautiously according to law.
The "Opinions" propose to strictly regulate the legal procedures for the disposal of property involved, and carefully decide whether or not
Take relevant compulsory measures. Strictly distinguish between economic disputes and economic crimes, legal financing and illegal fund-raising, economic disputes involving private enterprises and malicious occupation of state-owned assets in the merger and reorganization of state-owned enterprises, and prevent criminal law enforcement from intervening in economic disputes and selective justice.
4. "New officials ignore old accounts": improve the government's trustworthiness mechanism.
The "Opinions" clarify that to vigorously promote the construction of a government ruled by law and the integrity of government affairs, local governments at all levels and relevant departments should strictly fulfill their policy commitments made to the social and administrative counterparts in accordance with the law, and conscientiously perform various contracts signed with investment entities in activities such as attracting investment, cooperation between the government and social capital, and must not violate the contract on the grounds of government change or replacement of leaders. Those who violate the legitimate rights and interests due to breach of contract shall bear legal and economic responsibilities.
5. Expiration of the right to use the house land: study the legal arrangement of the follow-up period.
The "Opinions" clarified the legal arrangements for the follow-up period of the expiration of land use rights such as residential construction land.
6. Fair and reasonable compensation for the expropriated.
The "Opinions" clarify that the legal system for expropriation and requisition of land, houses and other property should be improved, and the scope of public interests applicable to expropriation and requisition should be reasonably defined, so as not to expand public interests. Give fair and reasonable compensation to the expropriated person.
7. State-owned "moths": prevent insiders from arbitrarily controlling state-owned assets.
The "Opinions" proposes to promote the protection of state-owned property rights with institutionalized guarantee, prevent insiders from arbitrarily controlling state-owned assets, and effectively prevent the loss of state-owned assets. Establish and improve the property right system of natural resources assets with clear ownership, clear rights and responsibilities and effective supervision, and gradually realize the equal use of natural resources such as land by various market entities in accordance with market rules and market prices.
8. The cost of infringing intellectual property rights is too low: increase the statutory compensation limit for infringement.
The "Opinions" clarify that the statutory compensation ceiling for intellectual property infringement should be raised, and the punitive compensation system for intellectual property infringement such as patent rights and copyrights should be explored, and punitive compensation should be imposed on malicious infringement with serious circumstances, and the infringer should bear the reasonable expenses paid by the right holder to stop the infringement.
3 major points
Remarkably, the Opinions explain and arrange the property rights of land and houses that are of public concern in many places, and clearly put forward: study the legal arrangements for the subsequent expiration period of land use rights such as residential construction land, refine and standardize the statutory authority and procedures for expropriation, and give farmers more property rights. What new signals will be released by the release of Opinions on the Protection of Citizens' Land and Housing Rights and Interests?
Focus 1
What should I do if the 70-year residential land use right expires?
Expert: Don't worry that the government will take it back.
Main points of the document
Study the legal arrangements for the expiration of the subsequent term of land use rights such as residential construction land, and promote the formation of a good and stable expectation of the whole society for the long-term protection of citizens' property.
Expert Interpretation Chang Peng 'ao, a professor at Peking University Law School, believes that the opinions respect and respond to public opinions, which sends an important signal: since the legal arrangements for renewal are studied and the good and stable expectation of protection is emphasized, it means that there is no need to worry about the government's withdrawal after the expiration of the right to use personal residential land.
In April this year, the 20-year land use right of Wenzhou housing expired, which aroused great concern in society. The Provisional Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights issued by the State Council 1990 clearly stipulates that the maximum term of assignment of land use rights is determined according to the use, including 70 years for residential land, 50 years for industrial land, 40 years for commercial tourism and entertainment land, and 50 years for other or comprehensive land. From a national perspective, most residential land use rights are 70 years. Public concern, whether the maximum age is under 70 years old, and how to renew the insurance when it expires?
Yang Lixin, director of the Civil and Commercial Legal Science Research Center of China Renmin University, said that at present, the legal basis for the renewal of the service life of residential land is mainly the stipulation in Article 149 of the Property Law that "the right to use residential construction land will be automatically renewed upon expiration". At present, due to the lack of detailed rules, how to "automatically renew fees" is uncertain and difficult to operate.
Yang Lixin believes that the issue of renewal can be considered from three aspects: First, 70 years is not enough, and it must be renewed to 70 years after expiration; Second, it is automatically renewed after the expiration of 70 years, which is equivalent to the fact that the right to use residential construction land is an indefinite property right, that is, once it is used permanently, the state does not have to charge for every renewal; Third, after it becomes a permanent construction land use right through automatic renewal, the relationship between users and state owners should be determined, and necessary but not too high taxes can be considered, but it should be decided by the legislature.
Experts believe that opinions are also a manifestation of strengthening the property law, and responding to all major reforms must be based on the law. Relevant regulations should be improved by legal means in accordance with the legislative principles of democracy, science and transparency.
Focus 2
How to curb the contradiction caused by land requisition and demolition?
Expert: Prevent the public interest from being expanded at will.
Main points of the document
Improve the legal system of land, housing and other property expropriation and requisition, reasonably define the scope of public interests applicable to expropriation and requisition, do not expand public interests, and refine and standardize the statutory authority and procedures for expropriation and requisition. Follow the principle of timely and reasonable compensation, improve the state compensation system, further clarify the scope, form and standard of compensation, and give fair and reasonable compensation to the expropriated person.
Expert interpretation
(The above answers were published on 2016-11-28. Please refer to the actual purchase policy. )
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