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(5) Private Property. Since the reform and opening
up, the economy has been developing rapidly, the people's living standards have
continued to improve, and private property has been increasing with each passing
day. Effective protection of private property of citizens is not only stipulated
by the Constitution and is what the Party stands for, but also the general
aspiration and urgent demand of the people. The draft property law stipulates,"
Individual persons shall be entitled to enjoy ownership of such immovables and
movables as their lawful incomes, houses, articles for daily use, means of
production and raw materials." "Lawful deposits and investments of individual
persons and the gains derived from their investments shall be protected by law."
"In accordance with the provisions of law, the State protects the rights of
individual persons to inheritance and their other lawful rights and interests."
"The lawful property of individual persons shall be protected by law, and
illegally taking possession, looting and destruction of such property by any
unit or individual is prohibited." These stipulations serve to further improve
the legal system for protection of private property and are conducive to
stimulating people's initiative to create and accumulate wealth and to promote
social harmony.
Along with the reform of the housing system, more and
more urban residents have come to possess their own houses, the bulk of which
are in residential districts, therefore, the condominium right has become an
important right in the individual persons' rights to immovables. Proceeding from
the purpose of maintaining the lawful rights and interests of the owners of
buildings, the draft property law explicitly stipulates that the owners shall
enjoy ownership over the special parts within a building, such as the
residential units and the units for business purposes, and enjoy the right of
sharing and jointly managing the common parts other than the special parts, such
as the public facilities like the lifts and public places like the greens.
Moreover, the draft has also made stipulations governing such matters as
ownership of the garages and parking lots, the functions of the owners'
committee and the relations between the owners and the property services.
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10]
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