Fan Wen Daquan > Experience

Learning the subject of property law


Part 1: The study of the property law

The training course on the Property Law held by xx has benefited a lot. At the end of the training, I went to the bookstore to buy related books and conducted self-study. This training is really a timely rain that urges me to study!
Zhang Ya’s lectures were quite impressive, not only because he talked about some of the more important issues in the property law, but also because of the disclosure of some property rights laws and the ideas of legislators, so that we can understand the property law from another perspective.
First of all, the property law is an important part of civil and commercial law. It is a basic civil law that recognizes property, uses property, protects property, and adjusts the legal relationship between various properties. It involves a series of institutional norms such as property ownership, usufructuary rights, and security interests. It is an important law related to the protection of state-owned assets, the property rights of various market entities, and the vital interests of the people. The formulation and enactment of the Property Law has a milestone significance in the rule of law in China, and will definitely have a profound impact on China's economic and social development and the construction of a socialist harmonious society.
Second, it solves the immediate interests of people. With the great development of China's social economy and the continuous improvement of people's living standards, people's private property is increasing, especially the real estate. Real estate is a kind of real estate, and its value is relatively large. Many families therefore have their own relationships and have a great relationship with people's vital interests. However, how the right to use the construction site will be handled after 70 years, and our country's laws have no provisions, so everyone is very concerned about this issue. The Property Law passed this time clearly stipulates the issue of vital interests of this people. If the right to use the construction land expires, it will be automatically renewed. This problem has finally been finally and reasonably resolved, obeying ~, and also in line with China's national conditions, is conducive to social stability.
Finally, it rationally adjusts the relationship between people. There are also some relationships with people in relation to property. The adjacent relationship is more prominent. The property law is based on the spirit of fairness, reasonableness, convenience, solidarity, mutual assistance and production. For example, the Property Law stipulates that real property rights holders must not violate atmospheric regulations, discharge atmospheric pollutants, water pollutants, dispose of solid waste, and apply harmful substances such as noise, light, and electromagnetic radiation. Because this will adversely affect neighboring real estate owners. For example, the Property Law also stipulates that if the right holder of real estate uses adjacent real estate for water, drainage, passage, laying pipelines, etc., it shall try to avoid causing damage to the neighboring real property right holders; if it causes ~, compensation shall be given.
In short, the Property Law mainly answers three questions: First, who is the object. Second, what kind of rights does the owner of the property have for the object and what obligations the other related parties bear. Third, how to protect the property rights and what kind of legal responsibility the person infringing the property rights should bear. The role of the property law is to set a point to stop the dispute, strengthen the protection of the property right by confirming the belonging, and achieve the purpose of maintaining normal social order. Because it is closely related to the vital interests of the public, such as food, clothing, housing, transportation, and sickness, it is inseparable. It is called the “Citizen Property Rights Protection Book”. The second is to promote the best use of materials, by regulating the rights and obligations of property owners, to provide a good legal environment for property owners to make full use of property, to encourage rights holders to create wealth, accumulate wealth, and expand property. In short, the Property Law is a law that guarantees the well-being and living, and is a law that promotes economic development and builds a harmonious society.


Part 2: Learning from the Real Right Law

During the review and evolution of the "Property Law of the People's Republic of China", which was officially promulgated in the July XX version of the Property Law, many provisions have changed a lot. By observing and judging these traces of change, it can reflect the legislative purpose and original intention of the legislator. It is very worthwhile for us to study, analyze and study.
By observing the changes in the contents of Chapter 6 in the "Draft" and "Property Law," many points of concern have been discovered. I would like to talk about personal understanding and experience for your reference.
1. In the “Draft”, the terms “owner's meeting and owner's committee” are used in the “owner's meeting” and the “property law”, and the names used by the same “subject” are different. The Property Law uses the latter to be closer to practice.
2. Article 87 of the “Draft” “can file a lawsuit in the name of the owners’ meeting, apply for arbitration...” was deleted by the Property Law. Article 83 of the Property Law retains the "owner's actions against the lawful rights and interests of his own, and may bring a lawsuit to the people's court according to law." This modification of the Property Law abolished the litigation subject qualification of the "owner's meeting" in the "draft". This type of litigation subject matter qualification is only reserved for the owner.
3. Compared with the "Draft", the "Property Law" adds a new decision in Article 78 to the "owner's meeting or the owners' committee's decision to infringe upon the legitimate rights and interests of the owner. The infringed landlord may request the people's court to cancel it." Content. This indicates that the “owner's meeting and the owners' committee” can be the defendant's party to the defendant's rights defending suit. Increased the legal responsibility of the “owner's assembly and owners' committee”.
4. Compared with the "Draft", the "Property Law" adds the responsibility and obligation of the "owner's assembly and owners' committee" in Article 83. The "actors who damage the legitimate rights and interests of others" listed in Article 83 shall be responsible for "requesting the perpetrator to stop the infringement, eliminate the danger, eliminate the nuisance, and compensate for the loss". Prior to this, the above duties were undertaken by the property management company. In the future, this responsibility will be borne by the owners' meeting and the owners' committee. Its burden is not light.
5. Compared with the "Draft", the "Property Law" amended some of the provisions of Article 76 of the "Draft" in Article 74 to clarify "the parking spaces and garages planned for parking cars in the construction zone." The vesting is stipulated by the parties through sale, bonus or rental. It provides a legal basis for solving such disputes in the future.
6. On March 27, XX, the head of the Legal Affairs Committee of the Standing Committee of the National People's Congress accepted an interview with the reporter. When interpreting the property law, he said: The property rights law is not retroactive to the ownership of parking spaces and garages.
Therefore, the Property Law does not have "retroactivity." In other words, similar issues before the implementation of the Property Law should be handled in accordance with the regulations or conventions at the time.
When the "Property Law" was implemented, although the implementation of the "Implementation Rules" and "Judicial Interpretation" and other supporting laws and regulations, but the "Property Law" as the country's Dafa, its legislative spirit, the legislative intent is very clear. It provides the basis for Dafa for the promulgation of supporting regulations in the future.
To sum up, after the implementation of the Property Law, the “owner's committee” has lost its previous powers and has more tangible obligations and responsibilities. In the future, the situation in which the work is attempted to “have no right and no responsibility” will be improved. Those who have been infringed by the “owner's assembly and the owners' committee” have a legal path to get legal support. Those "committees" who don't know the heights of the sky can do a lot of work in the future. If you stand in the courtroom and then defend the "three forged seals" and "athletes and referees", it is impossible to fool the owners.


Part 3: Learning from the Property Law

In social life, as small as a few buttons, a watch, a telephone, as large as a house, a green land, a mine, all have the ownership of property rights. How to determine the vesting of rights, delineate what rights rights holders have, and how to protect those rights when they are infringed. This requires a special law to regulate, adjust and guarantee. This special law is the "Property Law of the People's Republic of China".
In order to formulate this important law that affects the country's construction and development and the vital interests of everyone, it has been 13 years since the drafting, and after extensive consultation and eight deliberations, it was finally the fifth in the 10th National People's Congress in March 2007. The meeting voted with a high vote. The content of the Property Law is broadly divided into five chapters and nine chapters and supplementary provisions. The contents covered include: the scope of adjustment of the property law; the principle of property law; ownership; usufructuary rights; security interest; possession; registration system;
The Property Law is a stipulation of clear property, protecting property rights, giving full play to the utility of goods, maintaining market economic order, safeguarding the country's basic economic system, and the basic civil law that affects the vital interests of the people. Important code.
The Property Law is enacted in accordance with the Constitution, safeguarding the country's basic economic system, safeguarding the socialist market economic order, clarifying the ownership of things, exerting the utility of things, and protecting the property rights of right holders. The law belongs to the superstructure and is determined by the economic base and serves the economic base. The foundation of China's economic system is the socialist public ownership of means of production. In the primary stage of socialism, it adheres to the basic economic system in which public ownership is the mainstay and multiple forms of ownership develop together.
Property rights include ownership, usufructuary rights and security interests. The ownership, scope and content of property rights are closely related to China's basic economic system. If we do not reflect or reflect China’s basic economic system, it will be impossible to formulate a property law with Chinese characteristics that is in line with China’s national conditions. Therefore, the property law must reflect China's basic economic system and take the fundamental purpose of safeguarding China's basic economic system. Therefore, this article clearly defines the maintenance of the national basic economic system as one of the legislative objectives. The property law mainly reflects and safeguards China's basic economic system from a civil perspective by clarifying the ownership of the property, the rights of the right holder, the obligations of others, and the legal responsibility of infringing the property rights. To develop a market economy, it is necessary to establish a legal system that is compatible with the socialist market economy, and the basic law regulating market economy relations is the civil law. As an important part of the civil law, the property law is to clarify the basic relationship between the ownership and use of property rights, regulate the property relationship arising from the attribution and utilization of the market subject, maintain the rights of market entities, maintain the order of the market economy, and serve the Chinese market. Economic services.
The Property Law mainly answers three questions: First, who is the object. Second, what kind of rights does the owner of the property have for the object and what obligations the other related parties bear. Third, how to protect the property rights and what kind of legal responsibility the person infringing the property rights should bear. The role of the property law is to set a point to stop the dispute, strengthen the protection of the property right by confirming the belonging, and achieve the purpose of maintaining normal social order. Because it is closely related to the vital interests of the public, such as food, clothing, housing, transportation, and sickness, it is inseparable. It is called the “Citizen Property Rights Protection Book”. The second is to promote the best use of materials, by regulating the rights and obligations of property owners, to provide a good legal environment for property owners to make full use of property, to encourage rights holders to create wealth, accumulate wealth, and expand property. In short, the Property Law is a law that guarantees the well-being and living, and is a law that promotes economic development and builds a harmonious society.


Chapter 4: Understanding the Experience of the Property Law

I. Background and Significance of the Promulgation of the Property Law The Property Law was implemented on October 1, 2007. This is a major event in China’s political and economic life.
The Property Law is a civil basic law that regulates property relations. It adjusts the civil relations arising from the attribution and use of objects, including the definition of the property rights of the state, collectives, private and other rights holders, and the protection of property rights. Article 2 of the Property Law: This Law applies to civil relations arising from the attribution and use of objects. The goods referred to in this Law include real estate and movable property. Where the law stipulates rights as objects of property rights, it shall be in accordance with its provisions. The term "property rights" as used in this Law refers to the right of the right holder to directly control and exclude certain things, including ownership, usufructuary rights and security interests. In 2005, Li registered a company, the director of the Moon Embassy, ​​sold the land of the moon, issued a certificate of ownership, and was quickly banned by the industrial and commercial department. The land of the moon is Li that cannot be directly controlled and exclusive. It is not a legal object and is not protected by law. Drafting background: Before the adoption of the Property Law, China's Civil Law, Land Management Law, Urban Real Estate Management Law, Rural Land Contract Law, and Guarantee Law made many provisions on property rights. However, China has never had a complete civil code. It cannot be relied on on some issues. The social contradictions in demolition, land contracting and property management are very prominent.
Significance: The Property Law is the basic civil law that regulates property relations, and together with the Contract Law, builds two pillars of the market economy. Property rights are divided into three categories: property rights, creditors and intellectual property rights.
The role of the property law: "fixing points and quizzes" and "using the best use of materials"
Regarding "fixation points and disputes." Shang Yang said in the "Shang Jun Book": "A rabbit walks, 100 people go by, not a rabbit can be divided into hundreds, and the name is not fixed, the husband sells rabbits to the market, and the thieves dare not take it. The points have been fixed, so the name is undecided, and the 尧, 舜, 禹, and soup are all in the same place. The name has been fixed, and the thieves are not taken." The so-called "name" is the "right to belong." The name has been fixed, there is a basis for resolving disputes, and society has a normal order.
About the best use of things. By clarifying the rights and rights of rights holders to protect things and the role of things, it is conducive to encouraging people to create wealth and achieve prosperity for the people. Montesquieu believes that "political law gives man freedom; civil law makes mankind gain property."
Property is the material basis for human production and survival, and the material basis for the progress of human civilization. The most fundamental social relationship between people is the property economic relationship. The property law has given the most attention to the people's people, such as the collection of compensation, demolition norms, the registration of advance notice in the sale and purchase of houses, the determination of various rights and obligations in property management, and the automatic renewal of the right to use residential construction land. Special attention; the Property Law also attaches great importance to the protection of farmers' rights and interests, and clearly defines the two rights that are most closely related to the production and life of farmers, namely, the right to use rural land contractual management and the right to use homesteads for the first time as property rights. It has effectively protected the most basic property rights of farmers. The Property Law also stipulates the rules for confirming the property rights. For example, it stipulates the ownership of the property rights of the community in the ownership of the building, and realizes the fixed-point dispute; the property law has provisions on the adjacent relationship, which provides a law for correctly handling the property dispute. in accordance with. The Property Law also provides for the conditions and procedures for expropriation and expropriation, as well as compensation. It can be seen that the property law is the legal guarantee for building a harmonious society. Professor Wang Wei, one of the drafters of the Property Law, believes that the real intention of the Property Law is to allow private property to receive reasonable and appropriate compensation when it conflicts with commercial interests and public interests.
The promulgation of the Property Law can be said to be a milestone in China's path to democracy and the rule of law. The idea of ​​property rights originated from the Romans and was perfected by Germany in the 17th century. In the 18th century, British Prime Minister William Pitt had a famous saying: "Even the poorest person dares to oppose the authority of the king in his humble house. The wind can enter, the rain can enter, the king can't enter..." in private residence The king cannot enter without permission. This is different from the concept of China's "under the ordinary world, it is not the king's land; the land of the land, the king is not the king." In Western countries, civil law is called the "biblical" of social life, and it is a declaration of rights of citizens and legal persons. There are more than 110 countries in the world with civil codes, but China has not yet. There are only 156 articles in the General Principles of Civil Law in China, but 200 years ago, the French Napoleonic Code had more than 1,000 pages. In March of this year, "Southwind Window" magazine published an article saying that the Property Law is not only a law of rights protection, it is also a law that changes social concepts, reshapes cultural psychology, and recreates political civilization.
Second, the main content of the property law The property rights law has a total of five supplementary rules, a total of 19 chapters and 247 articles. From the content analysis, the property right is divided into two parts, one is the property right, which is the ownership, and the other is the property right. The former is the legal relationship of the ownership of the object, and the latter part is the legal relationship of the use of the object, including the usufructuary right and the security interest.
General – In summary, there are two basic principles: the legal principle of property rights and the principle of equal protection.
The legal principle of property rights. Article 5 stipulates that the type and content of property rights shall be prescribed by law. What is property rights must be stipulated by law. The State Council and local governments will not be able to create property rights on their own. For example, whether the leasehold right of public housing is a property right is how to protect it during demolition. There are also people in the legal profession who believe that intellectual property rights are also property rights. Although the intellectual property right is not the real right in the property law, the property right in the intellectual property right can be used as a guarantee, and the security right is the guarantee.
The establishment, alteration, transfer and elimination of property rights – there are two main systems: the real estate registration system and the movable property delivery system. These two systems run through a principle: that is the principle of publicity.
Ownership - is the core type of rights in the property rights system. Definition of ownership: Ownership refers to the general term of the rights of the right holder to completely control the object, and thus excludes interference from others, including the right to possess, use, profit, and dispose. How to understand these four rights. Disciplinary power is the core power of the four powers of ownership.
The contents of ownership mainly include: 1. State ownership and collective ownership, private ownership, 2. Ownership of building ownership, 3. Adjacent relationship, 4. Common. 5. Special provisions for the acquisition of ownership The right to use property rights refers to the right of the right holder to possess possession, use and income from the real property or movable property of others. Including land contractual management rights, construction land use rights, homestead use rights, easements. At the same time, in Chapter 10 "General Provisions", the rights and obligations of usufructuary rights such as natural resource use rights, sea area use rights, prospecting rights, mining rights, water acquisition rights, and fishing rights are also stipulated.
Land contractual management right—the contracting period of cultivated land is 30 years, and the contracting period of forest land is 30 to 70 years; the land contractual management right holders have the right to take the land contractual management right according to the provisions of the Rural Land Contract Law. Subcontracting, interchange, transfer, etc. The period of circulation shall not exceed the remaining period of the contract period. However, such transfer is conditional. With the consent of the contractor, the transferee is engaged in agricultural operations. The contracted land may not be used for non-agricultural construction without legal approval. The contractor shall not adjust the contracted land during the contract period.
At present, the 1988 Constitutional Amendment stipulates that there are two forms of land ownership in our country: land state ownership and collective ownership of rural land. Collective land needs to be levied for the state before it can be transferred. In the process of drafting the property law, the issue of collective land was levied. The expert group also proposed that the collective land be directly transferred, and the farmers directly obtained the land income, but they were not adopted at the end.
The right to use construction land - the expiration of the period of use of residential construction land will be automatically renewed. The renewal of the period of non-residential construction land use rights shall be handled in accordance with the law. The ownership of houses and other immovable property on the land shall be agreed upon, in accordance with the agreement; if there is no agreement or the agreement is not clear, it shall be handled in accordance with the provisions of laws and administrative regulations.
According to the provisions of the Provisional Regulations on the Transfer and Transfer of State-Owned Land Use Rights in Cities and Towns, the maximum period for the transfer of construction land use rights is: 70 years of residential land, 50 years of construction land, 50 years of education, science and technology, 40 years of business, tourism and entertainment, comprehensive Or other land use for 50 years.
The right to use the homestead - mainly the right of the rural population to the collectively owned land in accordance with the law has the right to use the land to build the house and its ancillary equipment. Just 4, it is relatively simple. The right to use the homestead is unpaid, so the homestead has the functions of collective economic organization welfare and social security. But now there is a social phenomenon: now there are some urban population who also go to the rural areas to buy homesteads to build houses. Our phenomenon in Huaibei is also very prominent. The property rights law's statement of transfer is: the application of the Land Administration Law and other relevant laws and regulations. According to relevant regulations, such transfer is illegal and the property rights department is not registered. The Property Law also stipulates in the chapter on security interest that the right to use the homestead cannot be mortgaged. According to my understanding, this is also a necessary measure to protect the interests of vulnerable groups in rural areas and prevent the gap between the rich and the poor.
The security interest refers to the debtor or a third person who uses all his property as a guarantee for the performance of the debt in the civil activities such as lending, trading, etc. When the debtor fails to perform the debt due, the creditor shall give priority to the property according to the procedure prescribed by law. The right to repay. Includes three rights: mortgage, pledge, lien.
Possession - refers to the actual control of the possession of real estate or movable property. Some experts say that it is not actually a civil right, nor a property right, but a simple fact.
In the general legal sense, there are two kinds of possession: the right to possess and the lack of possession. For example, the leaser’s possession of the leased property, and the possession of the lien holder’s possession, is the right to possess. The thief’s stolen goods are not entitled to possession. Of course, this kind of behavior is also subject to the law of public security and criminal law.
No right to possess, but also good faith possession and malicious possession. The possession of the property law means that it has no right to possess. Because the right to possess the previous provisions has been stipulated. The rights and obligations of a bona fide and a malicious possessor are different. For example, Zhang San borrowed a bicycle from Li Si, and Zhang San later passed away. However, Zhang San’s son did not know that the car was Li Si’s, and he inherited as a legacy. This is good faith possession. Li Si later requested a refund and asked to pay for the wear and tear. Because it is a good-hearted possession, Zhang San’s son will return, but there is no need to pay for wear and tear. But for malicious possession, it is necessary to pay for wear and tear. If it is lost or damaged, it will be liable for damages. The insurance premiums and compensations obtained for damages must be paid to the right holders. If they are not enough, the malicious possession should be compensated, and the goodwill possession does not require compensation.
Through the study of the property law, I feel that studying law can enable us to understand social phenomena more clearly, clarify our rights, establish our own code of conduct, and enhance the cultivation of personal rigor through legal rigor.


Part 5: Learning from the Real Right Law

From May 15 to 23 this year, I participated in the training course of the Property Law organized by the High Procuratorate in Chongqing with more than 400 people inspected by the National People's Procuratorate. In the training class, six experts and professors such as Yang Lixin, Cui Jianyuan, Xie Hongfei, Yao Hong, Sun Peng and Yang Minggang explained the legislative background and chapters of the Property Law. Through study, I have a certain understanding of the Property Law, and understand that in real life, when it is small and mature, it falls to the neighbor's home. As far as a mine is concerned, there is a problem of ownership of property rights. Protection, objectively requires a special law to regulate, adjust and guarantee. According to this, after 13 years of drafting and revision, the fifth session of the Tenth National People's Congress voted to pass, the "Property Law of the People's Republic of China" came into being. Now I will talk about the income learned from the Property Law.
The first is to learn some of the most basic concepts through learning. Let me know that the property law is the basic civil law regulating property relations. It is one of the basic laws of our country and plays a supporting role in the civil law system. The property law mainly clarifies the ownership of the object from the civil point of view, and clarifies the rights of the right holder of the object to the use of the object, and clearly how to protect the property right. The things mentioned in the property law mainly refer to real estate and movable property. Property rights are property rights. They are the right of rights holders to directly control certain things within the limits prescribed by law and to exclude others from interference. These basic concepts are unheard of in the past, and they are often used in the future. It is very important.
The second is to have a general understanding of the content of the property law. The "Property Law" is broadly divided into five chapters and nine chapters and its supplementary provisions. The contents covered include: the scope of adjustment of the property law; the principle of property law; ownership; usufructuary rights; security interest; possession; registration system;
Throughout the entire "Property Law," I understand that it mainly answers three questions: First, who is the object. The second is what kind of rights the owner of the property has for the object and what obligations the other related parties bear. The third is how to protect the property rights and what kind of legal responsibility the person infringing the property rights should bear. And its main role: First, to determine the points and stop the dispute, by confirming the attribution of things, strengthen the protection of property rights, to achieve the purpose of maintaining normal social order. The second is to promote the best use of materials, by regulating the rights and obligations of property owners, to provide a good legal environment for property owners to make full use of property, to encourage rights holders to create wealth, accumulate wealth, and expand property. It can be said that the Property Law is a law that guarantees the well-being and living, and is a law that promotes economic development and builds a harmonious society.
Through this study, I learned about the formulation of this property law. The basic content retains the legal content of some of the original civil and commercial laws. Because of the relatively large content, and the content of the original commercial law is the same or similar, I will not talk about it here. Here I only mention some of the main contents added by the Property Law: First, the easement. This content is all new content; the second is the pledge to replace the pledge. The concept of the original pledge right was abandoned, and the pledge was replaced. Third, the floating mortgage of the movable property was added to the mortgage. This is a way of emulating foreign countries. It means that the equipment, finished products, semi-finished products and raw materials used in production can be mortgaged together. After the industrial and commercial department handles the mortgage registration, the enterprise can continue to produce and sell during the mortgage period. The mortgage is not affected, and a way to reconfirm the value of the collateral when the mortgage expires. The fourth is about the type and content of property rights. The principle of legal property rights is clarified. Except for the types of property rights specified in the property law, such as ownership, usufructuary rights, easements, etc., other forms of property rights are not recognized by law. Fifth, the land contractual management right is defined as a way of property rights. It is a good thing to protect the interests of farmers. It is also proposed that the land contractual management right shall not be arbitrarily recovered and collected within the contracting period. After the expiration, it can also continue to contract and operate according to relevant regulations, which can protect the interests of farmers to the maximum extent. The sixth is to clarify the concept of expropriation and collection. The expropriation is only used in such a way that the collective land is converted into the nature of state-owned land after being acquired by the state; and the expropriation refers to the expropriation of personally owned articles by the state agency for special needs at a special time, such as the acquisition of a citizen vehicle in an accident. To stop crimes and so on. Seventh is about the demolition of urban houses. One case cited by experts during the lectures was the “nail house” in Chongqing. This time, the property law proposed that when the urban residential houses were demolished, the living conditions of the demolished persons should be guaranteed, that is, the compensation fees obtained by the demolished after the demolition. The purchased house should be no less than the original living conditions. Eight is the registration of real estate. It is proposed that real estate should be registered in a unified manner; registration is charged on a per-piece basis, and the original charging according to the standard is cancelled; the real estate advance notice registration system is proposed for the first time. If the consumer purchases the 期房, in order to prevent the developer from selling one room and two, the purchaser can apply for advance notice registration to avoid Re-transfer of the house; first filed an objection to the ownership of the real property. When the immovable property rights are unclear, in order to prevent the registered owner from transferring the house when the property rights are unknown, the interested party may apply to the registration authority for registration of the objection, and file a claim for ownership confirmation within 15 days after the registration, otherwise the objection will automatically lapse and the objection If the objection is wrong, the applicant shall compensate the loss of the registered owner. Nine is the problem of obtaining goodwill in real estate. In the past, the law stipulated that "immovable property does not apply in good faith", but this property law clearly stipulates that when several conditions are met, especially if the transfer registration has been completed, the real estate can be obtained in good faith. In addition, issues such as the disposal of lost property, the parking space of the community, and the establishment of mortgage rights have been stipulated to facilitate the operation of law enforcement personnel.
Finally, during the learning process, I realized: First, although the official implementation of the property law is still four months, there is really a tendency for “the mountains and the rain are coming to the wind”. The leaders of the High Prosecutor's Office said during the meeting that by October 1 this year, the property law was officially implemented, and the national police officers of the People's Bank of China had to rotate all of them. This puts high demands on our study. It can be said that although the "Implementation Rules" of the "Property Law" has not yet been promulgated, the "Property Law" as the country's Dafa, its legislative spirit and legislative intent are very clear. We should have the confidence to learn the property law and use the property law. Second, after listening to the lectures of several experts, I deeply realized that to be a police officer in charge of the inspection, we must work hard to study the laws of the people, lay a good foundation for business, and consciously form the thinking mode of the people's law. Conduct legal knowledge and ways of thinking to observe problems, analyze problems and solve problems, and correctly handle thousands of civil dispute cases and administrative litigation cases. During the meeting, the leaders of the High Prosecutor's Office also suggested that the growth and maturity of the civilian police officers is relatively slow, and there is an urgent need to accelerate growth and progress to meet the needs of the rapidly developing procuratorial work of the people. After all, the legal relationship of the People's Bank of China is relatively complicated. It is not possible to conduct a "normative" review of criminal matters as in criminal cases. The "standards" that can be compared with the specific business of the People's Bank of China are not very clear. To a certain extent, the process center of the police handling cases The exact degree of "ruler" and "ruler" in the eyes is mostly derived from the mastery of the civil law, the accumulation of work experience, and the impartial self-policing. All of this, apart from earnest study and courage to practice, there is no other way. Third, some achievements in the procuratorial work of the People's Bank of China in recent years are inseparable from the forward-looking understanding and strong support of the hospital leaders. The party group of our hospital fully recognizes that the procuratorial work of the People's Bank of China is another new work highlight after the anti-corruption work. In the balance of the two laws and the work layout, especially in the current situation of the judicial practice serving the construction of a harmonious society. Play an irreplaceable important role. Since last year, the leaders of our hospital have said that they will encourage the people of the People’s Bank of China to work hard. Under the actual situation that the procuratorial system of the People’s Bank of China is still not perfect, it is especially important not to shrink and to have a sense of innovation, as long as it can solve problems for the people and promote the tenths of harmony. We must do what we can. In the first half of this year, our hospital accepted the 7-year litigation of the parties, the court opened 6 times, and the target of 10 million yuan of Wang Moumou and Mao Moumou’s capital contribution complaints. The leaders of the hospital “intensified the investigation and tried to do the best possible investigation. Under the guiding ideology of "clear the facts, set the points and stop the dispute", our institute changed the situation to settle the case, and the person who made the car made many external adjustments, and finally found out the contents of the six lawsuits disputed by both parties. Both parties, as relatives, recognized the results of the investigation. Under the efforts of the hospital, the two sides were cold and resentful, and the family that had passed away was renewed... To be honest, I was puzzled, and it is very likely In the case of marginal cases of unresolved efforts, why did our hospital have to make such great efforts to handle it? It is better to follow the previous routines and just do a written review to settle the case. Through the handling of cases, especially this study, I deeply understand that this is the specific work of creating a harmonious social atmosphere through specific judicial practice, and is a solid measure for the leadership of our institute to implement the socialist legal system. I personally also use this property rights law training as an opportunity to change concepts, raise awareness, lead the whole department to increase the intensity of study and work, and not meet the expectations of the leaders of the hospital and the people in the jurisdiction.

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