Property rights are people’s rights to use or dispose of property according to certain purposes in order to obtain economic benefits from it. The direct form of property rights is the relationship between people and things. In essence, it is the economic interest relationship between people formed by the subject of property rights around various property objects. After this interest relationship is recognized by law, a legal property rights relationship is formed, that is, the legal ownership, possession, control and ownership of land, buildings, equipment, deposits, cash, stocks, bonds, patents, trademarks, reputation, etc. Use relationship. Legal property rights relationships reflect, recognize and protect economic relationships. Once people's property ownership relationships are legally recognized and protected, property rights will have the characteristics of exclusivity, independence, tradability and divisibility. When the shareholding system becomes the property organization form of the enterprise, the separation of property ownership and actual possession rights is formed, and then on the basis of property ownership, the enterprise has the right to possess, control, use and dispose of other people's property in accordance with the law, that is, a legal person property. Therefore, the content of modern property rights includes not only legal property ownership, but also corporate property rights, which is the sum of a series of rights with property ownership as the main body.
A sound property rights system is the basis of rules for dividing, defining, implementing, protecting and regulating property rights, and confirming and handling the responsibilities, rights and interests of property rights subjects. Its fundamental requirement is to achieve "attribution" in property rights relationships. Clear, clear rights and responsibilities, strict protection, and smooth circulation."
First, the division of property rights must be “clearly attributed.” "Clear ownership" does not only refer to the clear ownership of ownership in the narrow sense, but also refers to the ownership, possession rights, use rights, and control rights in the broad sense of ownership, which must be clearly defined. If objective economic conditions require further subdivision of property rights, then the newly derived categories of property rights must also be clearly defined to avoid confusing relationships. Clear ownership means that the subject of property rights treats the object as his own property and excludes the power and role that others can arbitrarily deprive. Clear right of possession refers to the subject's ability to actually or directly possess, control or manage the object. The right of control? Also known as the right to process, the right to dispose or the right to dispose. The right to use is the right of the property owner to use, change and consume the object according to the nature and purpose of the property. The rights to income, beneficial rights or usufruct rights that people often talk about are the rights to obtain benefits from implementing, exercising and using various powers. They are linked to the above-mentioned "four rights" and are endogenous and dependent on various powers. interests are not an independent property right. Power and interest are one.
Second, in the process of using property rights, "rights and responsibilities must be clear." A clear property rights relationship must be the unity of subject responsibilities, powers and interests. It is necessary to clearly stipulate not only what property rights subjects can do with the property, but also what they cannot do; at the same time, it is also necessary to stipulate the obligations and responsibilities they must fulfill. A system with no restrictions on power is actually a system without power. In the reform process of our country's state-owned enterprises, due to the unclear rights, responsibilities, and interests of the government and enterprises, two extreme situations have occurred: either the government has unlimited intervention in the enterprises, resulting in the lack of vitality and motivation of the enterprises, and the economic benefits of the enterprises have been affected. Not high; or no one is responsible for the enterprise and the enterprise is allowed to do whatever it wants, resulting in the loss of a large amount of state-owned assets.
Third, “strict protection” must be maintained in maintaining property rights relations. For property rights relations to truly play a role, they need to be institutionalized through law and become binding rules with mandatory force. Only in this way can the transaction costs in the establishment of property rights relations and dispute resolution be reduced, and the efficiency and fairness of the property rights system be improved. Although my country's current laws provide for the protection of public property, due to the long-standing shortcomings of lax legislation and lax enforcement of public property rights, some reform measures have been difficult to implement for a long time. The rights explicitly granted to enterprises by the state Being intercepted in the middle or being released and collected at times. Since the reform and opening up, my country's non-public economy has developed rapidly, but the protection of private property in existing laws has not been clearly stipulated, so many private investors dare not increase investment and expand scale. The existence of these problems is not conducive to the improvement of my country's basic economic system and the development of the socialist market economy. In order to eradicate infringement of property rights and protect all legal property rights, a strict and comprehensive property rights legal system must be established to provide the most effective and strict protection of all legal property rights.
Fourth, the allocation of property rights must “flow smoothly”.
Property rights subjects have the motivation and power to configure their rights according to their own wishes, including the direction of use, quantity, transfer of power, etc. This free allocation of rights is a requirement and manifestation of the incentive effect of property rights, and is a condition for the efficiency of the market mechanism. Since the reform and opening up, the non-public economy has developed rapidly because, stimulated by property rights interests, it can freely allocate property to areas with the greatest market demand according to changes in market supply and demand, thereby obtaining the greatest economic benefits. Therefore, it is necessary to adapt to the needs of developing the market economy and establishing and improving the modern property rights system, freely splitting and combining various property rights relationships, and flexibly arranging specific property rights operation methods, so that property subjects can exert their greatest enthusiasm and creativity, and maximize their The economic and social benefits of excavating property.