What does a citizen's lawful private property include?

The Civil Code of the People's Republic of China was voted and adopted at the Third Session of the 13th National People's Congress and came into force on January 1, 2021. The Civil Code is all-encompassing and is known as the "encyclopedia of social life".

Zhujian Junte launched the "Today Look at the "Code"] column to take you to understand the knowledge points related to the field of housing and urban and rural construction in the Civil Code.

【Today's "One Classic"】

Private legal property

With the continuous development of the economy, the living standards of the people have been continuously improved, private property has been increasing day by day, and the protection of citizens' legitimate private property according to law has attracted more and more widespread attention. So, how is the scope of citizens' private property defined?

【Legal Provisions】

Article 266 of the Civil Code of the People's Republic of China provides:

Private individuals have ownership of their lawful income, houses, household goods, means of production, raw materials and other immovable and movable property.

【Interpretation of Provisions】

The "private" here is the subject of property rights corresponding to the state and the collective, including not only the citizens of our country, but also foreigners and stateless persons who have legally acquired property in our country.

1. Revenue. It refers to the monetary income or valuables obtained by people from various kinds of labor. Mainly including: (1) wages. Labor remuneration paid to employees in a specified period, including hourly wages, piece wages, job wages, grade wages, basic wages, seniority wages, bonuses, allowances and subsidies, overtime wages, and remuneration paid under special circumstances; (2) material rights acquired in the creation of intellectuals and the provision of labor services, such as manuscript fees, patent transfer fees, lecture fees, consulting fees, performance fees, etc.; (3) interest, dividends, dividends obtained as a result of owning creditor's rights and equity rights; (4) rental of buildings, land use rights, machinery and equipment, Income from vehicles, boats and other property; (5) income from the transfer of securities, equity, buildings, land use rights, machinery and equipment, vehicles and ships, and other property; (6) winning prizes, winning lottery, lottery, and other incidental gains; (7) income from labor from engaging in self-employment, income from engaging in contracted land, etc.

2. Houses. Housing is the most important and basic means of subsistence for Chinese citizens, including urban houses purchased according to law, houses built according to law on rural homesteads, and buildings such as shops and factories. According to the provisions of China's Land Management Law, the Urban Real Estate Management Law and this Law, houses only refer to the part of the buildings on the land, excluding the land occupied by them, the land occupied by urban houses belongs to the state, and the rural homestead land belongs to the peasant collective. Private individuals can enjoy the ownership of the house, and the land occupied by the house can only enjoy the right to use the land for construction purposes or the right to use the homestead land according to law.

3. Daily necessities. Refers to items used in the field of daily life, including household appliances, private cars, furniture and other supplies.

4. Production tools and raw materials. Production tools refer to the instruments used by people in production activities, such as machinery and equipment, vehicles, ships and other means of transport. Raw materials refer to the material basic materials required for the production of products, such as ore, wood, steel, etc. The means of production and raw materials are important means of production and the basic substances necessary for production.

(5) In addition to the above, private property includes other immovable and movable property, such as books, personal collections, livestock and poultry.

In other words, the Civil Code and other laws only protect the legitimate property rights of private individuals, and property illegally acquired by embezzlement, misappropriation, robbery, fraud, theft, smuggling, etc., not only cannot be protected by law, but also the perpetrator must bear legal responsibility such as confiscation, return of original property, and compensation for losses in accordance with the law, and if it constitutes a crime, it must also be investigated for criminal liability according to law.