As an important milestone in the comprehensive rule of law, the promulgation of the Civil Code has made the civil rights system more complete, and everyone's property rights and other rights can be better protected. From community management during the epidemic, to online virtual property, to "housing for the elderly", many cases that happen around you and me are expected to find answers in the Civil Code.
01 How to make "housing for the elderly" more secure?
In recent years, a company in Beijing has set up a scam under the banner of "housing for the elderly" to trick the elderly into mortgaging their houses. It wasn't until the loan company came to collect the debt that the old people realized that they had been deceived. In 2019, the police opened a case for investigation and criminally detained nearly 100 people.
As a major measure to promote the development of pension services, "housing for the elderly" should better ensure that "the elderly have support". Since 2014, the mainland has been piloting the "housing for the elderly", but many people are still skeptical about it due to the risks of real estate disposal and legal risks.
The Civil Code stipulates the "right of residence" in a special chapter in the section on property rights, which clearly states that the owner of the right of residence has the right to occupy and use the residence of others in accordance with the contract, so as to meet the needs of life and residence.
The Civil Code stipulates that the right of residence shall be established free of charge, unless otherwise agreed by the parties. Where the right of residence is established, an application for registration of the right of residence shall be made to the registration authority. The right of residence cannot be transferred or inherited. The dwelling for which the right of residence is established shall not be rented out, unless otherwise agreed by the parties.
People in the legal profession believe that it is of great significance to clarify the right of residence as a usufructuary right. Older people can enjoy long-term and stable housing rights by establishing residency rights while transferring ownership of their homes.
"Clarifying the right of residence provides an important institutional guarantee for housing for the elderly." Meng Qiang, director of the Civil Code Research Center of the Law School of Beijing Institute of Technology, said that the right of residence is more stable than the lease method. Adopting the form of registration and establishment is conducive to clarifying rights and preventing disputes. This is not only conducive to protecting the residential rights and interests of vulnerable groups, but also provides strong legal support for the equal rights of rental and sales, and the simultaneous development of rental and purchase.
02Is "cyber virtual property" protected?
According to a criminal verdict published on the China Judgment Network, the defendant Yuan defrauded the victim's game account and password, deceived the three victims into recharging a total of more than 20,000 yuan to their respective game accounts, and then transferred the game currency and game equipment in the victim's game account to his own account. The court sentenced Yuan to 10 months in prison, suspended for one year, and fined 30,000 yuan for theft.
In the digital age, people's Internet life is becoming richer and richer, and they also expect their "online property" to be better protected.
The Civil Code clearly stipulates that where the law has provisions on the protection of data and online virtual property, follow those provisions.
Meng Qiang said that this provision of the Civil Code makes it clear that virtual property is a kind of civil right, which has a wide range of pertinence and applicability.
Meng Qiang said that there is a big difference between online virtual property and traditional property forms, and the publicity method and transfer of rights of online virtual property rights are different from those of real world property. This provision of the Civil Code has also laid the foundation for special legislation on data and network virtual property in the future.
Many people in the legal profession believe that the Civil Code clearly states that online virtual property is protected by law, and it is necessary to further formulate relevant laws, regulations, judicial interpretations, etc., to clarify the identification standards, compensation standards, and whether online virtual assets can be inherited.
03 To prevent and control the epidemic, how can property owners and owners "fight side by side"?
In March this year, Harbin, Heilongjiang Province carried out supervision and inspection on the prevention and control of the epidemic in the community and property, and criticized the property service enterprises in 28 communities that had problems such as lax implementation of prevention and control measures and inadequate implementation. The property service enterprises in 91 communities that acted quickly and took measures in place were praised by the industry.
Since the outbreak of the new crown pneumonia epidemic, property service companies have played an important role in the prevention and control of grassroots communities. However, there have also been some situations in various places where the property is passive and slack, causing dissatisfaction with the owners, as well as the owners not cooperating with the prevention and control and conflicts with the property.
Only by weaving a dense "protective net" in grassroots communities can we effectively prevent the rebound of the epidemic. The Civil Code stipulates that property service enterprises or other managers shall implement the emergency response measures and other management measures implemented by the government in accordance with the law, and actively cooperate with the relevant work. The owner shall cooperate in accordance with the law.
"If national governance is to be implemented, it is necessary to solve the problem of the last mile." Wang Yi, dean of the law school of Chinese Renmin University, said, "When it comes to residential communities, it is necessary to promote this by coordinating the relationship between property service companies and owners." ”
Wang Yi said that for emergency and management measures, including epidemic prevention and control, the Civil Code clearly requires the property to cooperate with the government to carry out relevant work, and on the other hand, it also stipulates that the owner should cooperate, so that the goal of national governance can be achieved in each specific matter and in the last link.
04How to manage building maintenance funds?
According to media reports, in April this year, the owner of a community in Xi'an found that the property company used 3 million yuan from the public maintenance fund to renovate the roof of the building, and the price was inflated, and the owner did not know about it in advance.
The maintenance funds have not been publicized for many years, and the funds have been misappropriated for other purposes or even where they are located...... In recent years, there have been frequent problems in the management and use of public maintenance funds in residential areas. In addition, there are some owners who urgently need community maintenance projects but have been unable to use the maintenance funds, and a large amount of funds have fallen into "sleep".
The Civil Code strengthens the protection of the rights of the owners, which clearly stipulates that the maintenance funds of the building and its ancillary facilities belong to the owners in common. By the joint decision of the owners, it can be used for the maintenance, renewal and transformation of common parts such as elevators, roofs, exterior walls, and barrier-free facilities.
In order to reduce the "sleep" of funds, the Civil Code also lowers the voting threshold for the use of funds for the maintenance of buildings and their ancillary facilities, and adds special procedures for the use of maintenance funds in emergency situations.
It is worth noting that, on the basis of absorbing the opinions of relevant parties during the two sessions of the National People's Congress this year, the Civil Code clearly stipulates that the raising and use of maintenance funds for buildings and their ancillary facilities shall be announced on a regular basis.
"The raising and use of maintenance funds is related to the vital interests of each owner, and through the regular publication of relevant information to achieve information disclosure, so that owners can participate in community management on the basis of information symmetry, is an important guarantee to safeguard the rights and interests of owners and maintain community order." Wang Yi said.
Source: Rule of Law Wuhou