The hottest property law will be implemented in Oc

The property law will be implemented in October, and the subsequent legislation will be improved in practice.

the property law issued after the eighth trial will be implemented from October 1 this year, and the relevant judicial interpretation of the Supreme Court has also entered the expectations of experts

in fact, it also allows the braided tow to realize self-support in the three-dimensional layering process of any situation. With the introduction of the new law, people have urgently focused on the specific implementation level

the follow-up legislation will be improved in practice

"because the property law will be implemented in October, and now some provisions of the property law are relatively simple, which will cause difficulties for judges to apply the law, and the Supreme Court will soon issue relevant judicial interpretations." Wang Yi, Professor of the Law School of Renmin University of China and one of the drafters of the expert proposal draft of the property law, said in an interview with this newspaper yesterday

Professor Fei anling, deputy dean of the school of civil and commercial economic law of China University of political science and law, also pointed out when talking about the follow-up legislation of the new law that the property law is an integral part of the civil code and is a principled interpretation, which needs to be explained by separate regulations and supporting regulations

lawyer Guan Jun, a partner of Beijing Jincheng Tongda law firm, believes that the provisions of the property law are relatively principled, but some provisions are detailed and operable. She believes that after the promulgation and implementation of the property law, it will be gradually refined. "Due to the ever-changing social life events, it is impossible for a written law to exhaust any causes, but the basic principles can be determined. More detailed links will generally be improved in practice by gradually issuing relevant implementation rules and judicial interpretations. However, whether to refine the law through the refinement of the property law or through judicial interpretations and supporting laws and regulations, the legislative department should give full consideration." She said

Guan Jun pointed out that in general, after the promulgation of a law, the Supreme Court will issue some judicial interpretations. Because of the stability and authority of the law, big laws such as the "property law" generally make basic and main principles, which are not easy to be too detailed. When new situations occur in the legal operation, they will naturally be refined through a series of supporting laws and regulations

anxiaodi, director of Beijing Anlun law firm, told that "the specific distinction between Jinan Rockwell hardness test (HRC) and Brinell hardness test (HB) in the property law" is a high-level principle law, which will not have an impact on civil proceedings at present, and it will be meaningful only if the corresponding judicial interpretation is issued. In addition, Qiao Dongsheng, the chief lawyer of Beijing Far East law firm, also believes that the current property law cannot have a great impact on specific litigation. Qiao Dongsheng said that China is a continental legal system, and it also needs to introduce corresponding supporting legal systems to form a code with the property law. The property law is the core law in this code

expert opinion

the awareness of private rights protection needs to be awakened

Guan Jun said that after the promulgation of the property law, it can better solve the disputes about the protection of private property of obligees and awaken the awareness of obligees to protect private rights. Unlike creditor's rights, real right is the exclusive protection of worldly rights, that is, its own property. In the past, disputes over property rights have always been handled in accordance with the general principles of the civil law, but there are no specific provisions. Although the articles on the incorporation of private property into the Constitution were added when the constitution was revised in 2004, there is still no detailed law on the protection of private property. The promulgation of the property law will make up for this shortcoming. With the promulgation and implementation of the property law, the people's awareness of safeguarding rights will be awakened, and the concept of "is it the king's land under the whole world" will be completely updated and transformed into the private property ownership awareness of "the wind can enter, the rain can enter, and the king cannot enter"

tips

quality will no longer become a hot spot in housing disputes

previously, housing disputes were mainly based on housing purchase and sales contracts and housing quality issues. It can be predicted that after the implementation of the property law, the concept of condominium ownership of buildings will be further rooted in the hearts of the people. Guan Jun judged that the confrontation between owners or prospective owners and developers over the ownership of equipment produced by regular manufacturers in the building area will intensify

in the past, developers generally agreed on issues such as community halls, garages and greening by means of supplementary contracts, which property buyers were not sensitive enough. "The owners of our country have no such concept." Guan Jun pointed out that in practice, property buyers have less objections to the ownership of garages and clubs. "With the promulgation of the property law, people's awareness of property rights has been awakened, and such problems will gradually increase." She said

"those who have immovable property have perseverance". The property law will awaken and promote people's enterprising spirit towards wealth, and the rights and protection in real estate cases may be highlighted in judicial practice. On the other hand, Guan Jun believes that the property law has not made much breakthroughs in the urban real estate management law, the land management law and other legal provisions, but people's concerns about the 70 year term of the land use right of houses after the implementation of the housing reform policy will be well resolved in the property law. This cycle consists of two isothermal processes and two adiabatic processes

detailed rules for the implementation of the follow-up period of residential expiration

at present, many commercial lands are converted to residential lands for sale. Some developers publicized residential land to buyers, but the buyers found that it was commercial land after signing the purchase contract. According to the new law that will be implemented soon, commercial land cannot be automatically renewed when it expires, which has a great impact on the public. Dr. Liu Chengwei said that the automatic renewal may indicate that there is no need to pay land use fees, taking into account the views of the people

however, Professor Fei anling expressed different opinions on this, saying that the property law has no detailed provisions on the renewal of residential land after the expiration of 70 years, and there is no provision on whether to pay royalties after the expiration of the time limit. This requires a supporting regulation to explain, which can not be stipulated by judicial interpretation

the new law is not applicable to cases before October 1

Guan Jun told that based on the principle of non retroactivity of the law, cases before the implementation of the new law often do not need to wait until after the implementation of the new law to be tried according to the new provisions

as for those cases that occur after the formal implementation of the new law, whether the prosecution time is before or after the implementation of the new law, the law at the time of the occurrence of the act should be applied, because the application of the law is generally subject to the legal provisions in force at the time of the occurrence of the act, and if there is no provision in the law at that time, it may refer to the provisions of the new law

clarifying property rights is conducive to social harmony