Full Text: Explanation on China´s draft property law

In view of the fact that in actual life compensations for expropriation are not duly paid and that such compensations are misappropriated, the draft property law expressly stipulates, "No unit or individual shall embezzle, misappropriate, illegally share, withhold or pay in default, the compensations for expropriation or other fees." Any unit or individual that violates this stipulation shall bear legal liability in accordance with law.

In addition, the draft property law contains the following:

One, on the question of correct handling of adjacent relations, the draft made stipulations governing matters that give rise to adjacent relations, such as use of water, drainage, passage, ventilation and light, which will help develop production, provide conveniences in people's lives, protect the rights and interests of the adjacent obligees and promote harmony in the neighborhoods.

Two, on the question of security rights, on the basis of the Guaranty Law, provisions on the property that can be used for providing guaranty are added in the draft, which serves to further improves the guaranty system, in order to promote financing and economic development.

Three, on the question of protection of property, the draft made comprehensive stipulations governing the ways and means of protection of property, and provides that any unit or individual that infringes on the property right shall bear, apart from civil liability, administrative or criminal liability according to law, thus improving the system for protection of property.

And four, on the question of possession, the draft mainly provides for the protection of possession and the liability for tort committed by illegal possessors, to maintain public order and protect the lawful rights and interests of the obligees.

Fellow deputies, you are requested to deliberate on the draft property law of the People's Republic of China and the explanations given above.

Editor:Liu Fang