Is the Property Law still valid?

The Civil Code of People's Republic of China (PRC) * * * came into effect on 202 1 1, and the Property Law of People's Republic of China (PRC) was abolished at the same time. The relevant provisions on real right can be understood according to the relevant provisions of the real right series of China's civil code. In order to protect the legitimate rights and interests of civil subjects, adjust civil relations, maintain social and economic order, meet the development requirements of Socialism with Chinese characteristics, and carry forward the socialist core values, this Law is formulated in accordance with the Constitution. Since the entry into force of China's civil code, the property law has automatically become invalid. The Property Law has been abolished, and now the Civil Code has officially replaced all the provisions; Generally, it will be handled in accordance with the new law; In the chapter of property rights, in addition to the impact on property, new laws have been established for owners. Judicial interpretations that have been officially abolished on June 5438+February 3 1 2020 and are inconsistent or even contradictory to the application of the Civil Code should be abolished, and newly promulgated judicial interpretations should be formulated according to the content and spirit of the Civil Code. New laws and regulations have been introduced, and the original laws and regulations have failed. All laws can only come into effect after being examined and approved by the highest organ of state power, namely the National People's Congress and its NPC Standing Committee. Now a new law has been introduced, so the previous law is invalid.

The position of the civil code in the national legal system is second only to the constitution. Civil code is the basic law of market economy, the basic code of conduct for citizens' life and the basic basis for judges to judge civil and commercial cases. China initiated the formulation of the Civil Code three times, in 1954, 1962 and 1979, but all failed. In order to protect the legitimate civil rights and interests of citizens and legal persons, correctly adjust civil relations, and meet the needs of the development of socialist modernization, the Sixth National People's Congress of People's Republic of China (PRC) formulated the General Principles of the Civil Law of People's Republic of China (PRC), which was promulgated in April 1986, and was called "quasi-code" by scholars. In view of the national conditions after China's reform and opening up and the urgent situation at that time, the law regulating China's civil relations is an imperfect, incomplete and unsystematic law. It is the product of civil policy expediency, but even so, this law is of epoch-making and milestone significance. Therefore, the General Principles of Civil Law is neither a civil code nor a general principle of civil law. However, since 1986, General Principles of Civil Law has played the role of civil code in China. Together with other single-line civil laws and relevant civil laws in other departmental laws, it has adjusted the civil legal relationship in China for more than 20 years and played an important role in national economic and social development. From June 5th to February, 2002, the National People's Congress Standing Committee (NPCSC) reviewed the draft civil code for the first time. However, due to the complex content, huge system and different academic views, it has not been realized.

The Draft Civil Code of China (Proposal Draft) was drafted by the Legislative Group of Civil Code of China Academy of Social Sciences. The research group consists of 26 members, from the Institute of Law of Chinese Academy of Social Sciences, the School of Law of Central University of Finance and Economics, Peking University Law School, Tsinghua University Law School, Renmin University of China Law School, Yantai University Law School, Fudan University Law School, Shandong University Law School, beijing university of chemical technology Law School, University of International Business and Economics Law School, Shenzhen University Law School and China Yin Jian Group Law Department. The members of Liang Huixing Department are the heads of the research group. The draft, compiled by pendleton, is divided into seven parts: general rules, property rights, general rules of creditor's rights, contracts, torts, relatives and inheritance, with a total of 1947 articles.

2065438+In March 2005, Zhang Dejiang indicated that it would study and start the compilation of the Civil Code.

On the morning of 201June 13, the 70th chairman's meeting of the 12th the National People's Congress Standing Committee (NPCSC) was held in the Great Hall of the People. Chairman Zhang Dejiang presided over the meeting. The meeting decided that the 21st meeting of the 12th the National People's Congress Standing Committee (NPCSC) will be held in Beijing from June 27th to July 2nd. The chairman's meeting suggested that the 21st meeting of the 12th the National People's Congress Standing Committee (NPCSC) should consider the proposal of chairman the National People's Congress Standing Committee (NPCSC)'s meeting on submitting the draft general principles of civil law for deliberation.

On June 28th, the General Principles of Civil Law of People's Republic of China (PRC) (Draft) was submitted to the 21st session of the 12th the National People's Congress Standing Committee (NPCSC) for deliberation.

Li Shishi, director of the Legal Affairs Commission of the National People's Congress Standing Committee (NPCSC), said at the meeting that the compilation of the Civil Code has been included in the adjusted 12th the National People's Congress Standing Committee (NPCSC) Legislative Plan. The compilation plan of the civil code is divided into two steps: the first step is to compile the general rules of the civil code, which will be submitted to the Fifth Session of the Twelfth National People's Congress on March 20 17 after deliberation by the National People's Congress Standing Committee (NPCSC); The second step is to compile the various parts of the Civil Code and submit them to the National People's Congress Standing Committee (NPCSC) for deliberation in the first half of 20 18, and strive to submit the various parts of the Civil Code to the National People's Congress for deliberation and approval in March 2020 to form a unified Civil Code.

As of 2065438+September 2006, there is no real civil code in China. The existing civil legislation has many problems, such as diversified subjects and numerous legal sources, and has not formed a system. There are thousands of articles in the Civil Code, involving many complicated laws, regulations and judicial interpretations. How to string these existing laws and regulations together is a lack of knowledge, and it is necessary to deal with the relationship between compilation and separate law. In addition, the compilation of China's civil code should draw lessons from foreign beneficial legislative experience and reflect the requirements of China's social political and economic development from the reality of China, which needs to be weighed in practice.

What are the characteristics of the Civil Code?

(1) The civil code has strong China characteristics, and the compilation of the civil code always implements the socialist core values.

(2) The Civil Code is remarkably groundbreaking, which is reflected in the historical dimension and chapter setting. China's civil code has compiled "personality right" independently, which is unprecedented in other countries, which is enough to reflect the importance of civil code to human rights.

(3) The Civil Code has strong continuity and operability in practice. The Civil Code not only stipulates the basic principles for resolving disputes, but also formulates rules for dealing with common specific problems.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 205 This part regulates the civil relations arising from the ownership and use right of things.

Article 206 The state adheres to and improves the socialist basic economic system with public ownership as the mainstay, multiple ownership economies developing together, distribution according to work as the mainstay and multiple modes of distribution coexisting, and adheres to and improves the socialist market economic system.

The state consolidates and develops the public sector of the economy, and encourages, supports and guides the development of the non-public sector of the economy.

The state practices a socialist market economy and guarantees the equal legal status and development rights of all market participants.