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    Home > Active Ingredient News > Drugs Articles > Opinions of the Central Committee of the Communist Party of China and the State Council on improving the property rights protection system and protecting property rights according to law

    Opinions of the Central Committee of the Communist Party of China and the State Council on improving the property rights protection system and protecting property rights according to law

    • Last Update: 2016-11-28
    • Source: Internet
    • Author: User
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    Source: Xinhua news agency, Nov 27, 2016 Xinhua news agency, Beijing, Nov 27 - opinions of the CPC Central Committee and the State Council on improving the property rights protection system and protecting property rights in accordance with the law (Nov 4, 2016) the property rights system is the cornerstone of the socialist market economy, and protecting property rights is an inevitable requirement for adhering to the socialist basic economic system The effective guarantee and Realization of the property right of the economic subject is the basis of the sustainable and healthy development of the economic society Since the reform and opening up, through vigorously promoting the reform of the property rights system, China has basically formed a modern property rights system and legal framework of property rights protection with clear ownership, clear rights and responsibilities, strict protection and smooth circulation The awareness of property rights protection of the whole society has been continuously enhanced, and the strength of protection has been continuously increased At the same time, we should also see that there are still some weak links and problems in the protection of property rights in China: the loss of state-owned assets due to the unclear relationship between the owner and the agent, the internal control, related transactions, etc.; the use of public power to infringe private property rights, seize and freeze the property of private enterprises in violation of the law, etc.; weak protection of intellectual property rights, infringement Power is easy to be issued To solve these problems, we must speed up the improvement of the property rights protection system, effectively protect various ownership economic organizations and citizens' property rights according to law, enhance the people's sense of security of property wealth, enhance social confidence, form good expectations, enhance the driving force of entrepreneurship and innovation of various economic subjects, maintain social fairness and justice, and maintain sustained and healthy economic and social development and long-term national stability The following suggestions are put forward for improving the property right protection system and protecting property rights according to law 1、 The general requirement is to strengthen the protection of property rights, and the fundamental policy is to comprehensively promote the rule of law We should fully implement the spirit of the eighteen and eighteen sessions of the Third Plenary Session of the party's third and fourth central committee, the Fifth Central Committee and the six plenary session of the party, and thoroughly study and implement the spirit of the important speech of general secretary Xi Jinping In line with the decision making and deployment of the Party Central Committee and the State Council, we should focus on promoting the "five in one" overall layout and coordination to promote the "four comprehensive" Strategic layout, firmly establish and implement the new development concept, focus on promoting supply side structural reform, further improve the modern property rights system, promote the legalization of property rights protection, and reflect the concept of the rule of law in all aspects of the legislation, law enforcement, justice, law-abiding and other aspects related to property rights protection We should adhere to the following principles: equal protection We will improve the property rights protection system with fairness as the core principle, unswervingly consolidate and develop the public sector of the economy, unswervingly encourage, support and guide the development of the non-public sector of the economy, and make the property rights of the public sector of the economy inviolable, as well as the non-public sector of the economy inviolable ——Adhere to comprehensive protection The protection of property rights includes not only the protection of property rights, creditor's rights and stock rights, but also the protection of intellectual property rights and other intangible property rights ——Adhere to the protection according to law We will continue to improve the legal system of the socialist market economy, strengthen the implementation of the law, and ensure that there are laws to abide by ——Insist on joint participation We should combine the integrity of the government with the participation of the public, build a government under the rule of law, a government with responsibility and a government with integrity, enhance the concept of property rights protection and contract awareness of citizens, and strengthen social supervision ——Adhere to both symptoms and treatment Focus on the long-term, focus on the present, solve the outstanding problems in property rights protection, improve the accuracy of property rights protection, accelerate the establishment of a long-term mechanism for property rights protection, and stimulate the vitality and creativity of various economic entities 2、 Strengthening the protection of economic property rights under various ownership systems We will deepen the reform of the supervision and management system for state-owned enterprises and state-owned assets, further clarify the relationship between the owners and agents of state-owned property rights, promote the diversification of state-owned enterprises' equity and the modernization of corporate governance, improve the internal supervision system and internal control mechanism involving finance, procurement, marketing and investment, strengthen the standardized operation of the board of directors and the supervision over the managers, and improve state-owned assets The transaction mode shall strictly regulate the procedures and transaction behaviors of state-owned assets registration, transfer, liquidation and withdrawal, promote the protection of state-owned property rights with systematic guarantee, prevent insiders from arbitrarily controlling state-owned assets, and effectively prevent the loss of state-owned assets Establish and improve the property right system of natural resources assets with clear ownership, clear rights and responsibilities, and effective supervision, improve the paid use system of natural resources, and gradually realize the equal use of land and other natural resources by various market entities in accordance with market rules and market prices We will improve the system for the confirmation and protection of rural collective property rights, establish and improve the system for the verification, registration, safekeeping, use and disposal of collective assets, and the financial management and supervision system, standardize the transfer and transaction of rural property rights, effectively prevent a small number of people within collective economic organizations from occupying or illegally disposing of collective assets, and prevent external capital from misappropriating or illegally controlling collective assets We should uphold equality of rights, opportunities and rules, abolish unreasonable regulations on various forms of non-public economy, eliminate all kinds of hidden barriers, ensure that all kinds of ownership economy use production factors equally in accordance with the law, participate in market competition openly, fairly and fairly, enjoy equal legal protection, and jointly perform social responsibilities 3、 We will improve the legal system for equal protection of property rights, accelerate the codification of the civil code, improve the legal systems related to property rights, contracts and intellectual property rights, clear up the provisions of laws and regulations that violate fairness, and take equal protection as the basic principle for regulating property relations We will improve the legal system of market subjects, which is mainly in the form of enterprise organization and the way that investors bear their responsibilities, make overall efforts to study, clean up and abolish the laws and administrative regulations of market subjects formulated according to different types of ownership, carry out special cleaning up of departmental rules and normative documents, and equally protect all kinds of market subjects Strengthen the criminal law protection of non-public property 4、 We should properly deal with the cases of property rights formed in history, insist on rectifying the mistakes, promptly screen and correct a batch of property rights disputes and complaints cases with strong social reflection, and analyze a batch of cases of infringement of property rights In accordance with the law, we should correct and compensate for the losses of the parties involved in the cases of property rights disputes involving major property disposal, private enterprises and investors' illegal appeals, which are really wrong cases with unclear facts, insufficient evidence and wrong application of law We will improve the life-long responsibility system for the quality of handling cases and the accountability system for the investigation of wrong cases, and effectively prevent the occurrence of wrong cases and grievances from the source Strictly abide by the principles of non retroactivity of law, legality of crime and punishment, from the old to the new, and from the old to the lighter, etc., and objectively treat and properly deal with the non-standard problems in the operation process of various enterprises, especially private enterprises, since the reform and opening up 5、 Strictly regulate the legal procedures for the disposition of property involved in the case, further refine the rules for the disposition of property of enterprises and personnel suspected of violating the law, and carefully decide whether to take relevant compulsory measures according to law If it is really necessary to take measures such as sealing up, detaining, freezing, etc., it shall be carried out in strict accordance with the legal procedures In addition to the situation that the enterprise needs to be ordered to close down according to law, necessary working capital and current account can be reserved for the enterprise if conditions permit, so as to minimize the adverse impact on the normal production and operation activities of the enterprise When sealing up, detaining and freezing measures are taken and the property involved in the case is disposed, the personal property and the property of the enterprise legal person shall be strictly distinguished according to law If a natural person, such as a shareholder or an enterprise manager, violates the law, it shall not arbitrarily involve the property of the enterprise legal person when disposing of its personal property; if it violates the law, it shall not arbitrarily involve the personal legal property of the shareholder or the enterprise manager when disposing of the property of the enterprise legal person Strictly distinguish between illegal income and legal property, personal property and family member property of the person involved in the case, and do not involve legal property when disposing illegal income We will improve the systems for the custody, appraisal, appraisal, auction and sale of the property involved in the case, make them open, fair, standardized and efficient, and fully respect and protect the legitimate rights and interests of the parties, their close relatives, shareholders, creditors and other interested parties in accordance with the law 6、 Prudently grasp the judicial policy of dealing with property rights and economic disputes Fully consider the characteristics of non-public economy, strictly distinguish the boundary between economic disputes and economic crimes, the boundary between proper financing and illegal fund-raising of enterprises, the boundary between economic disputes involved in the merger and reorganization of state-owned enterprises by private enterprises and malicious encroachment on state-owned assets, accurately grasp the criminal standard of economic illegal acts, accurately identify the nature of economic disputes and economic crimes, and prevent criminal cases Law enforcement involves in economic disputes and prevents selective justice If the legal boundary is not clear, and the crime and non crime are not clear, the judicial organ should strictly follow the principles of legality, no doubt of crime, and no presumption of guilt, so as to prevent economic disputes from being treated as crimes It is strictly prohibited for party and government cadres to intervene in judicial activities, judicial disputes and specific cases The economic behaviors of private enterprises in production, operation and financing activities shall not be treated as illegal crimes, except for those explicitly prohibited by laws and administrative regulations For the private enterprise investors involved in the crime, the civil rights, such as property rights, shall be guaranteed according to law during the period of serving the sentence 7、 Improve the mechanism of government's keeping promise Vigorously promote the construction of the rule of law government and government integrity, local governments at all levels and relevant departments should strictly fulfill the policy commitments made to the social and administrative counterparts in accordance with the law, conscientiously fulfill all kinds of contracts signed with the investors in the activities of investment attraction, cooperation between the government and social capital, and should not breach the contract for reasons such as the replacement of the government and the replacement of leaders, or breach the contract for reasons of breach of contract Those who infringe upon their legitimate rights and interests shall bear legal and economic responsibilities If it is necessary to change the government commitment and the contract due to the national interest, public interest or other legal reasons, it shall be carried out in strict accordance with the legal authority and procedures, and the property losses suffered by the enterprise and investors shall be compensated according to law We will further improve the mechanism of compensation, complaint and relief, and unblock the channels of complaint and relief in the case of damage to the property rights of enterprises and citizens caused by government default We will integrate government performance and promise keeping services into the government performance evaluation system, establish a record of government dishonesty, establish and improve the accountability system and accountability mechanism for government dishonesty, and increase the punishment for government dishonesty 8、 We will improve the system of property expropriation and requisition, improve the legal system of land, housing and other property expropriation and requisition, reasonably define the scope of public interests applicable to expropriation and requisition, not expand the public interests, and refine and standardize the legal authority and procedures for expropriation and requisition Follow the principle of timely and reasonable compensation, improve the national compensation system, further clarify the scope, form and standard of compensation, and give fair and reasonable compensation to the expropriated 9、 Strengthen the protection of intellectual property We will increase the punishment of intellectual property infringement, raise the legal upper limit of compensation for intellectual property infringement, explore the establishment of punitive compensation system for intellectual property infringement such as patent and copyright, and implement punitive compensation for malicious infringement with serious circumstances, and the infringer shall bear the reasonable expenses paid by the obligee to stop the infringement and increase the cost of intellectual property infringement We will establish a working mechanism to collect information on the source of counterfeit products, incorporate intentional violations of intellectual property rights into the credit records of enterprises and individuals, and further promote the disclosure of information on cases of administrative penalties for infringement of intellectual property rights We will improve the judicial mechanism of intellectual property, give full play to the role of intellectual property courts, promote the integration of three trials in civil, criminal and administrative cases of intellectual property, and strengthen
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