Law is the most important instrument of governing the country; Good law is the premise of good governance.

During the two sessions of the National People's Congress this year, the first law named after the code in New China, the Draft Civil Code of the People's Republic of China (hereinafter referred to as the Draft Civil Code), is being submitted to the Third Session of the 13th National People's Congress for deliberation, and the legislation of China's Civil Code has ushered in a historic moment.

the civil code is called the encyclopedia of social life. It is worth noting that after the promulgation of the Civil Code, China's current general principles of civil law, property law, contract law, guarantee law, marriage law, adoption law, inheritance law and tort liability law will be replaced and not retained.

in 1954, 1962, 1979 and 21, the party and the state initiated the formulation of civil law four times. For the first time and the second time, due to various reasons, no actual results were achieved. It was launched for the third time in 1979, because it just entered the new period of reform and opening up, and the conditions for formulating a complete civil code were not yet met. At that time, according to the working idea of "mature one through one", it was decided to formulate a separate civil law first. The current inheritance law, general principles of civil law, guarantee law and contract law have been formulated successively under this working idea. In 21, the Ninth the National People's Congress Standing Committee (NPCSC) organized the drafting of the Law of the People's Republic of China (Draft), which was reviewed in December 22. Since the 1th National People's Congress in 23, the Property Law, Tort Liability Law and Law Applicable to Foreign-related Civil Relations have been successively enacted.

through hard work, China's civil legislation has gradually formed a relatively complete system of civil legal norms, which has laid a good institutional, practical, theoretical and social foundation for compiling the civil code. Since the 18th National Congress of the Communist Party of China, the rule of law in an all-round way has been placed in a prominent position. Therefore, it is of great and far-reaching significance to compile the Civil Code.

this draft civil code, which is being submitted for deliberation, consists of 7 parts and 126 articles. The parts are general provisions, property rights, contracts, personality rights, marriage and family, inheritance, tort liability and supplementary provisions. Among them, the reporter of China Real Estate News found that the following adjustments in the draft Civil Code involve housing and housing issues that are of general concern to the society: First, it provides for the use of public funds that have been hotly debated before; Second, the property contract has been stipulated for the outstanding problems in the property field; Third, it is stipulated that residential construction land can be automatically renewed when it expires; The fourth is to increase the "right of residence"; Fifth, on the basis of the same right to rent and purchase, increase the priority of the lessee.

what should I do if the public welfare fund is difficult to start?

reduce the proportion of management matters and voting by the owners.

The public welfare fund is the money paid by the owners of the community for the maintenance of the facilities, equipment and public areas in the community. However, in the past few years, the owners found that the public maintenance fund was delayed, and it took too long for the property company to inform the owners to sign and start using the public maintenance fund. The property company pretended to be the owner to sign and use the public maintenance fund, and the proportion and efficiency of the public maintenance fund in some cities were low. These phenomena occurred from time to time.

the owners are very concerned about whether, when and how the public welfare fund can be moved.

In this regard, the draft civil code aims at the problems that the masses have generally reflected in recent years that it is difficult to set up the owners' meeting and use the public maintenance funds. Combined with the prevention and control of the epidemic in COVID-19, on the basis of the current property law, it further improves the system of owners' differentiated ownership of buildings: First, it is clear that the relevant departments of local governments and residents' committees should give guidance and assistance in setting up the owners' meeting and electing owners' committees. The second is to appropriately lower the voting threshold for matters decided by the owners, especially the use of maintenance funds for buildings and their ancillary facilities, and increase the special procedures for using maintenance funds in emergencies.

in addition, this draft also improves the voting procedure for the use of public maintenance funds, reduces the voting requirements for passing this matter, and changes the area and number of owners' exclusive parts required to participate in the voting as stipulated in Article 73 of the draft from "double over three quarters" to "double over half".

This modification has increased the efficiency of the owners' meeting in starting the public welfare fund.

what should I do if the community management is chaotic?

Specially add a chapter on property contract

Some property services lack supervision and even exist in name only; The lack of competition mechanism when property companies enter the community makes it difficult to improve the service quality; Property companies are profit-oriented but do not pay attention to service attitude and lack service awareness. These are troublesome things that owners all over the country often encounter. Although large real estate developers are marching into the property market, some of them have formed a scale and stepped onto the capital market, there are still undercurrents under the iceberg in the old residential areas established in the early years or the properties developed by small and medium-sized housing enterprises that do not have property management conditions. Even Ronghao Li, an entertainment star, spoke out about the residential property and ignored the sanitation and management of the garage.

in view of the chaos in the property industry, the draft civil code specially added a chapter on property service contract to regulate it. In order to meet the needs of reality, on the basis of 15 typical contracts such as sales contract, gift contract, loan contract and lease contract stipulated in the current contract law, four new typical contracts have been added to the second part of the draft civil code, including the provision of property service contracts for outstanding problems in the field of property services.

for example, the contract compilation of the draft civil code stipulates that when the property service contract is terminated, the original property service provider shall withdraw from the property service area within the agreed time limit or within a reasonable time limit, return the property service room, related facilities and relevant information necessary for the property service to the owners' committee, cooperate with the new property service provider in the handover work, and truthfully inform the use and management of the property.

In addition, in view of the problem that property expenses are a "muddled account" and unknown to the owners, the draft Civil Code stipulates that property service providers should regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, the use of maintenance funds, some operations and benefits of the owners to the owners in a reasonable way and report to the owners' meeting and owners' committee.

what should I do when the residential land expires in 7 years?

automatic renewal fees are paid or reduced according to law

What to do after the expiration of 7 years of residential land has once caused a heated discussion.

according to the property law, the right to use residential construction land will be automatically renewed when it expires. The draft Civil Code, which is still under consideration, further stipulates that the payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations on the basis of the stipulation that "the right to use residential construction land will be automatically renewed upon expiration".

the term of the right to use residential land is 7 years. according to statistics, although the land has not expired since it was sold in 198s, there have been some cases of the expiration of the right to use residential land in recent years. However, at present, there are no clear provisions in laws and administrative regulations on whether and how to pay fees after the expiration of residential land use rights.

what about the housing problem of low-and middle-income groups?

Establishing the right of residence for free

"Let all the people live in a house" is the goal put forward in the report of the 19th National Congress, but in recent years, the housing and rental problems of low-and middle-income groups have not been guaranteed.

In this regard, in order to implement the requirements of the 19th National Congress of the Communist Party of China to speed up the establishment of a multi-agent supply and multi-channel housing security system, the draft Civil Code adds a new usufructuary right, which makes it clear that the right of residence is established free of charge in principle, and the right holder of residence has the right to occupy and use other people's houses according to the contract or will, so as to meet his stable living and living needs.

the "right of residence" added in the draft civil code stipulates that the right holder of residence has the right to possess and use other people's houses according to the contract, so as to meet the needs of living and living. To establish the right of residence, the parties shall conclude a right of residence contract in writing. It shall apply to the registration authority for registration of residence right. The right of residence is established upon registration.

in addition, the draft civil code stipulates that the right of residence shall be established free of charge, unless otherwise agreed by the parties. The right of residence shall not be transferred or inherited. A residence with the right of residence shall not be leased, unless otherwise agreed by the parties. The right of residence expires or the owner of the right of residence dies, and the right of residence is extinguished. If the right of residence is eliminated, the cancellation of registration shall be handled in time.

what should the landlord do if he sublets the house with full lease term?

The lessee has the priority to rent.

In recent years, China has continuously developed a multi-level housing system, and made great efforts to deploy the rental time to solve the rental problem of new citizens in big cities. Real estate enterprises and capital markets are also competing for the housing rental market.

However, in the case of rent shortage in some parts of big cities, the interests of tenants are sometimes not guaranteed. Even the tenant who wants to renew the lease when the lease is about to expire has encountered various difficulties from the landlord, such as raising the price and subletting, and has to move out.

In this regard, the draft Civil Code aims to implement the requirements of the CPC Central Committee to establish a system of renting and purchasing houses with the same rights, protect the interests of tenants, and increase the priority of tenants.