What to do after the 70-year property right expires? Members of the Standing Committee of the National People's Congress call on the State Council to urgently come up with clear plans

The property rights and personality rights sections of the Civil Code were submitted to the Standing Committee of the National People's Congress for a second review. Nandu reporters noticed that on April 21, the Standing Committee was conducting group deliberations on two sub-categories, including what to do after the 70-year property rights expire, how to further strengthen the effectiveness of personal information protection, and how to establish chattel guarantee mortgages to provide small and medium-sized enterprises. Issues such as financing to provide a better business environment have become the focus of group deliberations. 1

?70-year property rights

?What to do after expiration?

? It is recommended that the State Council promptly study and clarify the renewal period, fees, methods and methods. The provisions on the expiration of the property rights of houses are reflected in the draft of the property rights section of the Civil Code. According to the provisions of the second review draft: "When the term of the right to use land for residential construction expires, it will be automatically renewed. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations." In this regard, many members called for: Regarding the property rights period How to renew after expiration should be clarified. "It is recommended to improve the regulations on the expiration of the use period of construction land." Wang Dongming, Vice Chairman of the Standing Committee of the National People's Congress, said in the group review that considering the issue of renewal and payment of construction land use rights upon expiration, it concerns the vital interests of the general public and also involves national finance and taxation. Revenue and expenditure, which have far-reaching impacts, should be handled in accordance with legal provisions rather than administrative regulations. It is recommended to delete the expression "administrative regulations" in the above provisions of the draft. In view of the fact that there are no relevant provisions in the current laws and regulations, Wang Dongming suggested that the study of this issue should be accelerated, and the State Council and its relevant departments should come up with specific solutions to clarify the procedures for renewing construction land use rights and the renewal fees. Standards, payment and exemption methods, etc., and then the next step is to fill the gaps in the legislation. "Urban Land Management Law, Property Tax Law, etc. can all stipulate this issue." Liao Xiaojun, a member of the Standing Committee of the National People's Congress, also believes that the current relevant laws and Administrative regulations do not clearly stipulate how to automatically renew and pay fees for residential construction land, which will directly affect households' expectations of future burdens and the real estate market. "This is a sensitive and complex issue related to the vital interests of the broad masses of the people. It is recommended that while reviewing the property rights section of the Civil Code, we should study a package of revisions to the Urban Real Estate Management Law, the Land Management Law and other relevant laws and administrative regulations to clarify the renewal of land use rights for residential construction. The term of the term, payment standards, methods and methods of renewal fees, as well as specific provisions on payment or exemption,” Liao Xiaojun said clearly. Liu Xiuwen, a member of the Standing Committee of the National People's Congress, also expressed the same suggestion. He called on the relevant competent departments of the State Council to speed up their work and study a package of revisions to the Urban Real Estate Management Law, the Land Management Law and other relevant laws while reviewing the draft property rights of the Civil Code. and administrative regulations. ?2

?How to solve

?Financing difficulties for small and medium-sized enterprises?

? It is recommended to establish a unified registration system for chattels and rights guarantees

? Nandu reporters noticed that during the group deliberation, many members also paid attention to the unification of property rights for chattels and rights guarantees. Regarding the issue of the registration system, we call for provisions in the Civil Code to solve the financing difficulties of small and medium-sized enterprises and improve the business environment. Xu Shaoshi, a member of the National People's Congress Standing Committee, said that according to the National People's Congress Standing Committee's 2019 Supervision Work Plan, the National People's Congress Financial and Economic Committee is carrying out enforcement inspections of the Small and Medium-sized Enterprise Promotion Law. In reality, a prominent problem is that financing is difficult and expensive. "One of the difficulties in financing is the lack of real estate security collateral for small and medium-sized enterprises. Many small and medium-sized enterprises do not have that much real estate, real estate and other real estate. Some small and medium-sized enterprises are high-tech enterprises and have considerable light assets - that is, movable assets. However, these movables encounter great difficulties when they are mortgaged. Xu Shaoshi introduced that Article 19 of the Small and Medium Enterprises Promotion Law stipulates: "The state improves the guaranteed financing system and supports financial institutions to provide accounts receivable, intellectual property rights, and inventory for small and medium-sized enterprises." , machinery and equipment, etc. as collateral for guaranteed financing. "Small and medium-sized enterprises welcome this very much and believe that it is highly targeted to alleviate the financing difficulties of small and medium-sized enterprises, but in fact, accounts receivable, intellectual property, inventory, machinery and equipment are used. When movables are used as collateral for financing, it cannot be implemented in practice due to the lack of a unified registration system and poor liquidity of related assets. Xu Shaoshi suggested that this should be further studied and demonstrated, and appropriately stipulated in the Civil Code. "If this bottleneck is not broken, it may be difficult to solve the financing mortgage and guarantee problems of small and medium-sized enterprises and high-tech asset-light enterprises." Ouyang, member of the Standing Committee of the National People's Congress Changqiong is also concerned about this issue and suggests adding a provision in the Civil Code that "the state implements a centralized and unified registration system for mortgage rights, movable property pledges and rights pledges, and specific measures shall be formulated by the State Council." "The implementation of a centralized and unified security rights registration system is the need to further improve our country's business environment." Ouyang Changqiong said that last year, my country's business environment rankings were significantly improved in the World Bank's assessment report, but movable secured transactions The registration is not uniform, which is still a loss for us. At present, the registration of movable mortgage rights is scattered among various competent departments, and there are very few standardized registrations. This is directly related to the business environment and cannot meet the financing needs of enterprises.

3

How to increase

the effectiveness of personal information protection?

? Calling for strengthening the punishment for personal privacy leaks. The draft of the Personal Rights Section of the Civil Code details a number of provisions on the protection of personal information. During the deliberation, some members also pointed out that the scope of "personal information" in the current draft is too narrow and the connotation of "personal information" needs to be further expanded; at the same time, the punishment for leaking personal privacy needs to be strengthened. Cao Jianming, Vice Chairman of the Standing Committee of the National People's Congress, pointed out that the scope of protection of personal information in the current draft of personality rights is too narrow, which is incompatible with the infringement of citizens' personal information in practice and is not conducive to the protection of personal information. He suggested that the Supreme People’s Court and the Supreme People’s Procuratorate’s “Interpretations on Several Issues Concerning the Application of Law in the Trial of Civil Disputes concerning Infringement of Personal Rights and Interests through the Use of Information Networks” of the Supreme People’s Court and the Supreme People’s Procuratorate, Article 1 Article 1, as well as the definition of personal information in the "Information Security Technology Personal Information Security Specifications" issued by the National Information Security Standardization Technical Committee on December 29, 2017, further expands the scope of personal information. Nandu reporters compared and found that according to the provisions of the above three documents, "communication contact information, account passwords, property status, whereabouts, credit information, health and physiological information" are all personal information and have not yet been included in the classification of personality rights in the Civil Code. stipulated categories. Lu Jian, a member of the Standing Committee of the National People's Congress, also suggested that "personal whereabouts information, personal Internet browsing information, etc." should be included in the scope of personal information. "In the era of big data, in addition to traditional information with personal identification characteristics, personal information should also include personal whereabouts information, personal network browsing information and other such information. Otherwise, on the one hand, it may be used as commercial resources by others; on the other hand, it may be used by others as commercial resources; On the one hand, it is also possible to expose personal life preferences and privacy,” Lu Jian said. Wang Yanmeng and Du Xiaoguang, members of the Standing Committee of the National People's Congress, made suggestions on strengthening the effectiveness of personal information protection. Wang Yanmeng said frankly: He has also been deeply troubled by the leakage of personal information recently. “I bought a house some time ago, and now I receive at least five or six renovation calls every day on average. They can accurately tell me which community, building and room I bought, which has seriously disturbed my personal peace of life. "In Du Xiaoguang's view, the scary thing is that if personal information falls into the hands of criminals, it may lead to loss of life and property, such as the kidnapping of women and children after family member information and residential information are leaked. "In the era of information exchange, it is getting easier and easier to obtain information, and it is getting more and more difficult to protect information. We strongly call for greater protection of personal privacy and greater punishment for personal privacy leaks," Du Xiaoguang said. ?4

?Second review of the draft

?New provisions

?Medical and scientific research activities shall not violate ethics and morals Second review of the draft of the personality rights section of the Civil Code The draft adds a new provision: "Those who engage in medical and scientific research activities related to human genes, human embryos, etc. must abide by laws, administrative regulations and relevant national regulations, and must not endanger human health or violate ethics and morals." This is the first time that my country has stipulated regulations on scientific research activities on human genes and human embryos at the legal level. According to Du Yubo, a member of the Standing Committee of the National People's Congress, this new norm responds well to the new development issues of personality rights and also adapts to the expanding needs for the protection of personality rights under the socialist system with Chinese characteristics. However, he believes that the legislation on this should be more stringent, and suggested that the above clause be modified to: "Without laws, administrative regulations and relevant national regulations, medical and scientific research activities related to human genes, human embryos, etc. are not allowed to be engaged in such activities." , In addition to strictly abiding by laws, administrative regulations and relevant national regulations, they must not endanger human health or violate ethics and morals. ”

News related to the term of use of property rights and house property rights

Beijing*** The embarrassment of property rights: 30% lower than the market price, but the abandonment rate is as high as 98.5%

Focus｜What to do after the 70-year property right of the homestead expires?

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It is not yet time for monetary policy to turn 2019-04-22 Although the current monetary policy can be adjusted in a timely manner according to changes in the economic situation, it only reflects the flexibility of the policy. Not a sudden turn.

Beijing’s personal housing loans increased by 9.3 billion yuan in the first quarter 2019-04-19 On April 18, the Central Bank’s Operations and Management Department released a report on Beijing’s monetary and credit statistics for March 2019.

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The short-term RRR cut expectations have failed, and the re-opening of the general gate is not a shift in monetary policy. 2019-04-17 "In general, this regular meeting confirmed the marginal tightening of monetary policy since the first quarter, but it does not mean that Monetary policy turns. "

Expectations for the resumption of reverse repurchase and reserve requirement ratio diminution 2019-04-17 On April 16, the central bank launched a 40 billion yuan reverse repurchase operation through interest rate bidding, which ended for 18 years. There was a "quiet period" for open market operations for several working days, but Shibor interest rates still rose across the board on that day.

Monetary policy has entered an observation period, making pre-adjustment and fine-tuning decisions in advance. 2019-04-17 The content of the first quarter regular meeting of the Monetary Policy Committee recently announced by the central bank has triggered a lot of speculation in the market.

In the first quarter, personal housing loans in Shanghai rebounded, with an increase of 11.5 billion yuan year-on-year. 2019-04-16 In the first quarter, deposits in Shanghai increased by 380.5 billion yuan, loans increased by 215.8 billion yuan, and currency and credit operations were stable.

National first-home loan interest rates have dropped for four consecutive months 2019-04-16 National first-home loan interest rates continue to loosen.

The effectiveness of Singapore’s real estate regulation is evident. In the first quarter, the price of luxury homes recorded the largest decline in 10 years. 2019-04-02 Last year, Singapore’s real estate market was really hot for a period of time. Data shows that throughout 2018, Singapore’s housing prices rose by 7.32%.

The property markets in Australia and Singapore are a bit cool 2019-04-02 The property markets in Australia and Singapore have always been favored by buyers. Although the property markets in these places have not yet experienced severe fluctuations, they are also experiencing a "period of suffering" .

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The National Development and Reform Commission announced: Stone and artificial stone in the construction industry are all encouraged building materials. 2019-04-12 The National Development and Reform Commission divides existing industries, production capacity, and products into three categories: encouragement, restriction, and elimination.

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Sina Real Estate joins hands with Germany's Grohe to launch the "China Residential Design Elite List" competition 2019-04-11 A strong lineup of judges will create an authoritative list.

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