The "repeated revision and meticulous carving" of the draft civil code began to highlight these real estate problems.

Law, the heavy weapon of governing the country; Good law is the premise of good governance.

During the two sessions of the National People's Congress this year, the first law named after the code in New China, the Draft Civil Code of People's Republic of China (PRC) (hereinafter referred to as the Draft Civil Code), was being submitted to the Third Session of the 13th National People's Congress for deliberation, and the legislation of China's Civil Code ushered in a historic moment.

The Civil Code is called the encyclopedia of social life. It is worth noting that after the promulgation of the Civil Code, China's current general principles of civil law, property law, contract law, guarantee law, marriage law, adoption law, inheritance law and tort liability law will be replaced and will not be retained.

The party and the state started civil legislation on 1954, 1962, 1979 and 200 1 4 times. For the first time and the second time, due to various reasons, no actual results were achieved. 1979 was launched for the third time. Because it has just entered the new period of reform and opening up, the conditions for formulating a complete civil code are not yet available. At that time, according to the working idea of "mature one through one", it was decided to formulate a separate civil law first. The current inheritance law, general principles of civil law, guarantee law and contract law are all formulated one after another under this working idea. 200 1 The 9th the National People's Congress Standing Committee (NPCSC) Organization drafted the Civil Law and National Law of People's Republic of China (PRC) (Draft), which was reviewed in June 2002. Since the Tenth National People's Congress in 2003, the Property Law, Tort Liability Law and Law on the Application of Foreign-related Civil Relations have been promulgated one after another.

Through hard work, China's civil legislation has gradually formed a relatively complete system of civil legal norms, which has laid a good system, practice, theory and social foundation for compiling the civil code. Since the 18th National Congress of the Communist Party of China, comprehensively administering the country according to law has been placed in a prominent position. Therefore, it is of great and far-reaching significance to compile the civil code.

This draft civil code, which is being submitted for deliberation, consists of 7 parts, 1260. The part is general principles, property rights, contracts, personality rights, marriage and family, inheritance, tort liability and supplementary provisions. Among them, the reporter of China Real Estate News found that the draft civil code has the following adjustments, involving housing and housing issues that are of general concern to the society: First, it stipulates the use of public funds that have been hotly debated before; Second, aiming at the outstanding problems in the property field, the property contract is stipulated; Third, it is stipulated that residential construction land can be automatically renewed when it expires; The fourth is to increase the "right of residence"; Fifth, on the basis of the same right of lease and purchase, increase the priority of the lessee.

What should I do if it is difficult to start the public welfare fund?

Reduce the proportion of management matters and owners' voting.

Public welfare fund is the money paid by community owners for the maintenance of community facilities, equipment and public areas. However, in recent years, the owners found that the public maintenance fund was slow to move, and it took too long for the property company to inform the owners to sign and start using the public maintenance fund. Property companies pretend to be owners to use public maintenance funds, and the proportion and efficiency of public maintenance funds in some cities are low. These phenomena happen from time to time.

Owners are very concerned about whether, when and how the community chest can be moved.

In this regard, the draft civil code aims at the problems that the owners' meeting is difficult to set up and the public maintenance funds are difficult to use in recent years. Combined with the epidemic prevention and control work in COVID-19, on the basis of the current Property Law, the system of owners with differentiated ownership of buildings has been further improved: First, it is clear that relevant departments of local governments and residents' committees should give guidance and help to the establishment of owners' meetings and the election of owners' committees. The second is to appropriately lower the voting threshold for matters decided by owners, especially the use of maintenance funds for buildings and their ancillary facilities, and increase the special procedures for using maintenance funds in emergencies.

In addition, the draft also improves the voting procedure for the use of public maintenance funds, reduces the voting requirements for passing this matter, and changes the area and quantity of the owner's exclusive part stipulated in Article 73 of the draft from "more than three quarters" to "more than half".

This modification has increased the efficiency of the owners' meeting to start the public welfare fund.

What should I do if the community management is chaotic?

Specially add a chapter on the property contract.

Property services lack supervision, and some even exist in name only; The lack of competition mechanism for property companies to enter the community makes it difficult to improve the service quality; Property companies aim at making profits but do not pay attention to service attitude and lack service awareness. These are the troubles that car owners all over the country often encounter. Although large real estate developers are marching into the property market, some of them have formed a scale and embarked on the capital market, there are still undercurrents under the iceberg in the old residential areas established in the early years or the properties developed by small and medium-sized housing enterprises that do not have property management conditions. Even Ronghao Li, an entertainment star, is outspoken about the residential property and ignores the sanitation and management of the garage.

In view of the chaos in the property industry, the draft civil code has specially added a chapter on property service contract to regulate it. In order to meet the needs of reality, on the basis of 15 typical contracts such as sales contract, gift contract, loan contract and lease contract stipulated in the current contract law, four typical contracts have been added to the second part of the draft civil code, including the provision of property service contracts for outstanding problems in the field of property services.

For example, the contract compilation of the draft civil code stipulates that when the property service contract is terminated, the original property service provider shall withdraw from the property service area within the agreed time limit or within a reasonable time limit, return the property service premises, related facilities and relevant information necessary for the property service to the owners' committee, cooperate with the new property service provider to do a good job of handover, and truthfully inform the use and management of the property.

In addition, in view of the fact that the property fee is a "muddled account" and the owner is unaware of it, the draft Civil Code stipulates that the property service provider shall regularly and reasonably disclose the owner's service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, part of operations and income, and report to the owners' meeting and owners' committee.

What if the residential land expires in 70 years?

The automatic renewal fee shall be paid or reduced according to law.

What to do after the expiration of 70 years of residential land has once caused heated discussion.

The Property Law stipulates that the right to use residential construction land will be automatically renewed when it expires. The draft civil code still under consideration further stipulates that the payment or reduction of the renewal fee shall be handled in accordance with the provisions of laws and administrative regulations on the basis of "automatic renewal of the right to use residential construction land upon expiration".

The term of residential land use right is 70 years. According to statistics, although the right to use residential land has not expired since the land transfer in the 1980s, there have been some cases in which the service life of residential land has expired in recent years. However, at present, laws and administrative regulations do not clearly stipulate whether and how to pay the fees after the expiration of residential land use rights.

What about the housing problem of low-income groups?

Free establishment of residence right

"Let all people live in houses" is the goal put forward in the report of the 19th National Congress, but in recent years, the housing and renting problems of low-and middle-income groups have not been guaranteed.

In this regard, in order to implement the requirement of accelerating the establishment of a multi-agent supply and multi-channel housing security system put forward by the 19th National Congress of the Communist Party of China, a new type of usufructuary right has been added in the draft Civil Code, which clarifies that the right of residence is established free of charge in principle, and the obligee has the right to occupy and use other people's houses in accordance with the contract or will to meet their stable living and living needs.

The "right of residence" added in the draft civil code stipulates that the right holder of residence has the right to occupy and use the usufructuary right of others' houses in accordance with the agreement to meet the needs of residence and life. To establish the right of residence, the parties shall conclude a right of residence contract in writing. It shall apply to the registration authority for registration of residence right. The right of residence is established when registering.

In addition, the draft Civil Code stipulates that the right of residence shall be established free of charge unless otherwise agreed by both parties. The right of residence shall not be transferred or inherited. Houses with the right of residence shall not be rented, unless otherwise agreed by the parties. The right of residence expires or the owner of the right of residence dies, and the right of residence is extinguished. If the right of residence is eliminated, the cancellation of registration shall be handled in time.

What if the landlord wants to sublet the house whose lease expires?

Tenants have the priority to lease.

In recent years, China has continuously developed a multi-level housing system, and increased efforts to allocate housing rental time to solve the rental problem of new citizens in big cities. Real estate enterprises and capital markets are also competing for the housing rental market.

However, in the case of rent shortage in some parts of big cities, the interests of tenants are sometimes not guaranteed. Even the tenant who wants to renew the lease when the lease is about to expire has encountered various difficulties from the landlord, such as price increase and subletting, and has to move out.

In this regard, the draft civil code is to implement the requirements of the CPC Central Committee on establishing a system of renting and purchasing houses with the same rights, protect the interests of tenants and increase the priority of tenants.