70 years of house property rights expire? The central release of the new signal
xinkuaibaoZAKERguang· 2016-11-28 07:25:06
" the central top-level design to solve the eight property problem --
according to Xinhua news agency, "the CPC Central Committee and the State Council on improving property rights protection system to protect property rights according to law" 27 officially announced. This is the first time in the name of the central government introduced the top-level design of the protection of property rights.
to strengthen the protection of property rights, the fundamental policy is to comprehensively promote the rule of law. "Opinions" to further improve the modern system of property rights, the rule of law to promote the protection of property rights of the five principles:
- adhere to equal protection. Perfect property protection system with justice as the core principle, unswervingly consolidate and develop the public sector of the economy, unswervingly encourage, support and guide non-public economic development, the economy of public ownership inviolability of property rights, property rights of non-public economy equally inviolable.
- stick to the comprehensive protection. Protection of property rights include not only the protection of property rights, debt, equity, but also the protection of intellectual property rights and other intangible property rights.
- stick to the law to protect. To perfect the legal system of socialist market economy, strengthen law enforcement, to ensure that there are laws to go by.
- stick to the common participation. To achieve the integrity of the government and the public participation, the construction of the rule of law, the responsibility of the government, the integrity of the government, strengthen the concept of civil rights protection and contract awareness, and strengthen social supervision.
- stick to the specimen and cure. We will pay close attention to the outstanding problems existing in the protection of property rights, improve the accuracy of the protection of property rights, and speed up the establishment of a long-term mechanism for the protection of property rights.
the "opinions" clearly ten major tasks: to strengthen the protection of property rights all economic rights protection; perfecting the legal system of equal protection of property rights; properly handle the history of the formation of the property rights cases; strictly regulate the legal procedures involved the disposal of property; processing property and carefully grasp the economic disputes judicial policy; improve the government trustworthiness Jiannuo mechanism; the consummation of the property expropriation system; strengthen the protection of intellectual property rights; perfect the system of urban and rural residents property income; create a good environment for the whole society to pay attention to and support the protection of property rights.
as the top-level design, the "opinions" by the various tasks of specific and responsible departments. Reporters learned that the relevant supporting the implementation of the program is being developed.
Danger ahead!! the following eight problems to define the direction of the
property of non-public property protection is weaker than the state-owned property rights protection: equal protection to
due to historical reasons, there are some different legal system of ownership of property rights protection is not equal to the public property to protect the weak especially state-owned property rights protection of non-public ownership, due to identity different and different punishment for the same crime or crime different punishment phenomenon.
equal protection is an important principle of property right protection. "Opinions" clearly, the public ownership of economic property rights can not be violated, the non-public economic property rights also can not be violated. Speeding up the compilation of the civil code. To improve the legal system of the market subject to the organization form of enterprise and the investor to assume the responsibility mode, and to study the legal and administrative regulations of the market subject to the different types of ownership. Increase the law protection to the property of the public.
private past operating problems: follow the law of non retroactivity principle of
for a long time, all kinds of enterprises especially some illegal operation even alleged violations of the existence of private enterprises operating in the development process. Especially once the enterprises involved in the case, to the new account together ". Some private enterprises worried, and even affect the willingness of investment.
"opinions" pointed out that the right to adhere to the wrong must be corrected, pay close attention to the identification of a number of social groups to correct a number of cases of property disputes, analysis of a number of cases of infringement of property rights. Strictly follow the law of non retroactivity, legality, the old law between the old and light principle, from a development perspective and objective view to properly handle the various types of enterprises since the reform and opening up especially some irregular private business process.
involved in the disposal of property involved in the disposal of the legitimate property rights: carefully take coercive measures
corporate and civil property rights are violated, the law enforcement is not standardized norms is an important reason. For example, whether enterprises involved in nature or at once involved in the seizure, seizure, freezing and other coercive measures, resulting in the normal operation of enterprises can not be carried out, or even bankruptcy; handling of property involved is to expand the scope of corporate property, confusion and shareholders of personal property, confuse the illegal income and the legitimate property, personal property and confusion involved family members property.
"opinions" put forward, strictly regulate the disposal of property involved in the legal procedures, according to the law carefully decide whether to take the relevant enforcement measures. The strict distinction between economic disputes and economic crimes, boundaries, legitimate businesses financing and illegal fund-raising boundaries of private enterprises to participate in economic disputes involving merger and reorganization of state-owned enterprises and state-owned assets to prevent malicious embezzlement, criminal law enforcement involved in economic disputes, prevent selective justice.
"the new government to ignore the old account:
perfect government trustworthy Jiannuo mechanism of some local government policy is not continuous," the new government to ignore the old account, even some investment projects, "drums" horse "; some local protectionism shut the dogs up to beat them" extremely serious, even the foreign investment enterprises especially private the enterprise as the object of the adjustment plan; some nouveau riche "take administrative compulsory measures, not to give enterprises the necessary costs of relocation compensation.
the "opinions" clearly, vigorously promote the rule of law and the construction of government credit, local governments and relevant departments should strictly fulfill to the society and the administrative relative person shall make policy commitments, fulfill the investment, government and social capital cooperation activities and investment contracts signed in accordance with the law, not by the change of government, the leadership of staff turnover and other reasons for breach of contract breach of contract, breach of contract breach of contract infringes upon the lawful rights and interests, to bear the legal and economic responsibility. Due
housing land use right of the follow-up period of legal arrangements
land use right after the expiration, or your house? As more and more people have their own property, which has become a common concern.
"opinions" clear, the study of residential construction land use rights, such as the legal arrangements for the follow-up period.
: forced evictions and demolitions expropriation are fair and reasonable compensation
due to expropriation of property expropriation system is not perfect, the relevant laws and regulations are not clear and concrete, cause the space to the discretion of the executive authorities, a few places by the need of public interests "in the name of strong jiangca citizens housing, or expropriation compensation is not fair and reasonable.
"opinions" clearly, improve the land, housing and other property expropriation and requisition legal system, a reasonable definition of the scope of the application of expropriation of public interest, not the expansion of public interest. To give a fair and reasonable compensation for the expropriation of the expropriation. The
to prevent internal disposal of state-owned assets of
due to China's state-owned assets property right protection system is still not perfect, the phenomenon of the loss of state-owned assets still exist. For example, due to the owner and agent relationship of state-owned property right is not clear, insider control and related transactions; due to the absence of all the natural resources property rights, land and other natural resources by state-owned enterprises at a low price or even free use.
"opinions" put forward, in order to promote the protection of state-owned property rights, prevent the internal control of state-owned assets, and effectively prevent the loss of state-owned assets. Establish and improve the ownership clear, clear responsibilities, and effectively supervise the property rights system of natural resources, and gradually realize the various types of market players in accordance with market rules and market prices in accordance with the law of equal use of land and other natural resources.
infringement of intellectual property rights is too low:
to raise the legal compensation for the infringement of
due to the low cost of intellectual property infringement, resulting in repeated violations, serious damage to innovation and vitality.
the "opinions" clearly, improve the intellectual property infringement of statutory compensation limit, explore the establishment of patent, copyright and other intellectual property infringement punitive compensation system, the implementation of punitive damages for serious malicious infringement, reasonable expenses and the infringer shall assume the right to stop the infringing acts pay. (according to Xinhua News Agency)
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