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What should I do after 70 years of property rights expire? Members of the the NPC Standing Committee (NPC) called on the State Council to give a clear plan.

The real right and personality rights of the Civil Code were submitted to the National People's Congress Standing Committee (NPCSC) for second deliberation.

Southern Reporter is concerned that on April 2 1, the Standing Committee deliberated on two sub-branches. What to do after the 70-year property right expires, how to further strengthen the effectiveness of personal information protection, how to set up chattel mortgage and provide a better business environment for SME financing have become the focus of group deliberation.

1

? 70—years of property rights

? What should I do after the expiration?

? It is suggested that the State Council study and define the renewal period, cost and method.

The provisions on the expiration of the term of use of housing property rights are reflected in the draft title of property rights in the Civil Code. According to the provisions of the second draft: "If the term of the right to use residential construction land 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, some members requested clarification on how to renew property rights after their expiration.

"It is suggested to improve the provisions on the expiration of the term of the right to use construction land." During the group deliberation, Wang Dongming, Vice Chairman of the Standing Committee of the National People's Congress always said that considering that the issue of renewal of the right to use construction land after its expiration is related to the vital interests of the broad masses, as well as the national fiscal revenue and expenditure, which has far-reaching impact, it should be handled in accordance with legal provisions rather than administrative regulations, and it is suggested to delete the expression of "administrative regulations" in the above provisions of the draft.

In view of the lack of relevant provisions in 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 the right to use construction land, the standards for renewal fees, and the methods for payment and reduction. , and then fill the legislative gap in the next step. "Urban land management law, real estate tax law, etc. Provisions can be made on this issue. "

Liao Xiaojun, a member of the National People's Congress Standing Committee (NPCSC), 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 the expectations of thousands of households on the future burden and the real estate market. "This is a sensitive and complicated issue, which concerns the vital interests of the broad masses of the people. It is suggested that while considering the compilation of property rights in the Civil Code, we should study a package of amendments to urban real estate management law, land management law and other relevant laws and administrative regulations, and clarify the time limit for the renewal of the right to use residential construction land, the payment standards, methods and methods of renewal fees, and the specific provisions for payment or reduction. " Liao Xiaojun made his point clear.

Liu Xiuwen, a member of the National People's Congress Standing Committee (NPCSC), also expressed the same suggestion. He asked the relevant departments in the State Council to pay close attention to their work, and at the same time, to study a package of amendments to the urban real estate management law, land management law and other relevant laws and administrative regulations.

? 2

? How to crack it

? Financing difficulties for SMEs?

? It is suggested to set up chattels and rights guarantees.

? Unified registration system of real right

Southern Reporter was concerned that during the group deliberation, many members also paid attention to the unified registration system of movable property and security interests, and called for making provisions in the Civil Code to solve the financing difficulties of SMEs and improve the business environment.

Xu, a member of the National People's Congress Standing Committee (NPCSC), said that according to the National People's Congress Standing Committee (NPCSC)'s 20 19 supervision work plan, the Financial and Economic Committee of the National People's Congress is carrying out law enforcement inspection of the SME Promotion Law. In reality, a prominent problem is that financing is difficult and expensive.

"One difficulty in financing is the lack of real estate mortgage for SMEs. Many small and medium-sized enterprises don't have so many properties, real estate and other real estate, and some small and medium-sized enterprises are high-tech enterprises, which have quite light assets-that is, movable property, but these movable properties encounter great difficulties when mortgaged. " Xu introduced that Article 19 of the Law on the Promotion of Small and Medium-sized Enterprises stipulates: "The state improves the secured financing system and supports financial institutions to provide secured financing for small and medium-sized enterprises with accounts receivable, intellectual property rights, inventory, machinery and equipment." In this regard, small and medium-sized enterprises are very welcome and think 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 and other movable property are used as collateral for financing. Due to the lack of a unified registration system, the liquidity of related assets is poor, and it is impossible to settle accounts in practice.

Xu suggested that this should be further studied and demonstrated and properly stipulated in the civil code. "If this bottleneck is not broken, the financing mortgage and guarantee problems of small and medium-sized enterprises and high-tech enterprises with light assets may be difficult to solve."

Ouyang Changqiong, a member of the National People's Congress Standing Committee (NPCSC), is also concerned about this issue, and suggested adding a provision in the Civil Code that "the state shall implement a centralized and unified registration system for mortgage, chattel pledge and right pledge, and the specific measures shall be stipulated by the State Council".

"Implementing a centralized and unified registration system for security interests is the need to further improve China's state-owned business environment." Ouyang Changqiong said that in the evaluation report of the World Bank last year, the ranking of China's business environment has been greatly improved, but it is our fault that the registration of chattel secured transactions is not uniform. At present, the registration of chattel mortgage is scattered in various competent departments, and there are few standardized registrations, which are directly related to the business environment and cannot meet the needs of enterprise financing.

three

? How to increase

? The effectiveness of personal information protection?

? Call for strengthening the punishment of personal privacy disclosure

In the draft of personality rights in the Civil Code, a number of provisions on the protection of personal information are listed in detail. During the deliberation, some members also suggested 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, it is necessary to strengthen the punishment for revealing personal privacy.

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 classification of personality rights is too narrow, which is not suitable for the infringement of citizens' personal information in practice and is not conducive to the protection of personal information. He suggested referring to the Supreme Law's Provisions on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over the Use of Information Networks, Article 1 of the Supreme Law and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Infringement on Citizens' Personal Information, and the Personal Information Security Code issued by the National Information Security Standardization Technical Committee on February 29th, 20 17.

Nandu reporter found that according to the provisions of the above three documents, "communication contact information, account password, property status, whereabouts, credit information, health and physiological information" are all personal information and have not been included in the classification of personality rights in the Civil Code.

Lv Jian, a member of the the National People's Congress Standing Committee (NPCSC), also suggested, "Personal whereabouts information, personal network browsing information, etc." It should belong to the category of personal information. "In the era of big data, in addition to the traditional information with personal identification characteristics, personal information should also include personal whereabouts information, personal network browsing information and other information. Otherwise, on the one hand, it may be used as a commercial resource by others; On the other hand, it is also possible to expose personal life preferences and privacy. " Lu Jian said.

Members Wang and Wang of the National People's Congress Standing Committee (NPCSC) made suggestions on strengthening the effectiveness of personal information protection.

Wang said frankly: The recent disclosure of personal information also made him deeply uneasy. "I bought a house some time ago, and now I receive at least five or six renovation calls every day. I can accurately tell which community, building and room I bought, which has seriously violated my personal life."

In Du Xiaoguang's view, it is very terrible that if personal information falls into the hands of criminals, it may lead to the loss of life and property, such as the kidnapping of women and children caused by the disclosure of family members' information and residence information. "In the era of information exchange, it is getting easier and easier to obtain information, and it is getting harder and harder to protect information. It is strongly urged to increase the protection of personal privacy and increase the punishment for personal privacy disclosure. " Du Xiaoguang said.

? four

? Second draft review

? New regulations

? Medical and scientific research activities shall not violate ethics.

In the second draft of the draft of personality rights in the Civil Code, it is added that "medical and scientific research activities related to human genes and human embryos shall abide by laws, administrative regulations and relevant state regulations, and shall not endanger human health or violate ethics".

This is the first time that China's legal level has stipulated the norms of human genes and human embryo research activities.

In the view of Du Yubo, a member of the National People's Congress Standing Committee (NPCSC), this new norm has responded well to the new development of personality rights, and also adapted to the expanding demand for the protection of personality rights under the Socialism with Chinese characteristics system.

However, he believes that the legislation should be stricter, and suggests that the above clause be amended as: "Without laws, administrative regulations and relevant state regulations, medical and scientific research activities related to human genes and human embryos may not be carried out. Engaged in such activities, in addition to strictly abiding by laws, administrative regulations and relevant state regulations, shall not endanger human health and violate ethics. "

News about the term of use of property rights in property rights houses

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

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

The second trial of the draft property right law: whether the 70-year property right renewal of homestead is paid or not is inconclusive

Is there any charge for the 70-year property right renewal of homestead? The law to be considered may give you the answer.

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The Beijing Municipal Education Commission reiterated that there will be no "differential treatment" for houses with property rights.

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