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Property Law Of The People's Republic Of China
The Property Law of the People's Republic of China () is a property law adopted by the National People's Congress in 2007 (on March 16) that went into effect on October 1, 2007. The law covers the creation, transfer, and ownership of property in the mainland of the People's Republic of China (PRC) and is part of an ongoing effort by the PRC to gradually develop a civil code. it contains all aspects of property law in the PRC's legal system. The law was drafted quite differently from the usual legislative process in the PRC where laws are drafted behind closed doors, over 14 000 public submissions were considered for over a decade before the law was adopted and put into effect. In developing civil law in the PRC mainland, the PRC government has used the German Pandectist system of classification under which the property law corresponds to the law on real rights, which is the term used in Chinese for the official name of the law. Passage The drafting of the law involved consider ...
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National People's Congress
The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China. With 2,980 members in 2018, it is the largest legislative body in the world. The National People's Congress meets in full session for roughly two weeks each year and votes on important pieces of legislation and personnel assignments among other things, and due to the temporary nature of the plenary sessions, most of NPC's power is delegated to the Standing Committee of the National People's Congress (NPCSC), which consists of about 170 legislators and meets in continuous bi-monthly sessions, when its parent NPC is not in session. As China is an authoritarian state, the NPC has been characterized as a rubber stamp for the Chinese Communist Party (CCP) or as only being able to affect issues of low sensitivity and salience to the Chinese regime. M ...
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Government-owned Corporation
A state-owned enterprise (SOE) is a government entity which is established or nationalised by the ''national government'' or ''provincial government'' by an executive order or an act of legislation in order to earn profit for the government, control monopoly of the private sector entities, provide products and services to citizens at a lower price and for the achievement of overall financial goals & developmental objectives in a particular country. The national government or provincial government has majority ownership over these ''state owned enterprises''. These ''state owned enterprises'' are also known as public sector undertakings in some countries. Defining characteristics of SOEs are their distinct legal form and possession of financial goals & developmental objectives (e.g., a state railway company may aim to make transportation more accessible and earn profit for the government), SOEs are government entities established to pursue financial objectives and devel ...
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Chinese Property Law
Chinese property law has existed in various forms for centuries. After the Chinese Communist Revolution in 1949, most land is owned by collectivities or by the state; the Property Law of the People's Republic of China passed in 2007 codified property rights. History Imperial China Use of property was divided into topsoil ('' tianpi'') and subsoil ('' tiangu'') rights. Landlords with subsoil rights had a permanent claim to the property if they paid taxes and received official seals from the government, but did not have rights to actively use the land. Instead, those with topsoil rights paid the subsoil landlord a fixed rent (or part of the proceeds of what was produced on the land) for not only the right to farm and live on the land, but the right to independently sell or lease the topsoil rights to another party. So as long as another party held topsoil rights, the party holding subsoil did not have right to actively use the land or evict the topsoil owner. Land, like other fo ...
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Usufruct
Usufruct () is a limited real right (or ''in rem'' right) found in civil-law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'': * ''Usus'' (''use'') is the right to use or enjoy a thing possessed, directly and without altering it. * '' Fructus'' (''fruit'', in a figurative sense) is the right to derive profit from a thing possessed: for instance, by selling crops, leasing immovables or annexed movables, taxing for entry, and so on. A usufruct is either granted in severalty or held in common ownership, as long as the property is not damaged or destroyed. The third civilian property interest is ''abusus'' (literally ''abuse''), the right to alienate the thing possessed, either by consuming or destroying it (e.g., for profit), or by transferring it to someone else (e.g., sale, exchange, gift). Someone enjoying all three rights has full ownership. Generally, a usufruct is a system in which a person or group of persons uses the real property ...
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Land Tenure
In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land owned by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individuals. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal local customs (insofar higher law does allow that). In other words, land tenure implies a system according to which land is held by an individual or the actual tiller of the land but this person does not have legal ownership. It determines the holder's rights and responsibilities in connection with their holding. The sovereign monarch, known in England as The Crown, held land in its own right. All land holders are either its tenants or sub-tenants. ''Tenure'' signifies a legal relationship between tenant and lord, arranging the duties and rights of tenant and lord in relationship to the land. Ov ...
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Private Property
Private property is a legal designation for the ownership of property by non-governmental legal entities. Private property is distinguishable from public property and personal property, which is owned by a state entity, and from collective or cooperative property, which is owned by a group of non-governmental entities. Private property is foundational to capitalism, an economic system based on the private ownership of the means of production and their operation for profit. The distinction between private and personal property varies depending on political philosophy, with socialist perspectives making a hard distinction between the two. As a legal concept, private property is defined and enforced by a country's political system. History Ideas about and discussion of private property date back to the Persian Empire, and emerge in the Western tradition at least as far back as Plato. Prior to the 18th century, English speakers generally used the word "property" in reference ...
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Collectivization
Collective farming and communal farming are various types of, "agricultural production in which multiple farmers run their holdings as a joint enterprise". There are two broad types of communal farms: agricultural cooperatives, in which member-owners jointly engage in farming activities as a collective, and state farms, which are owned and directly run by a centralized government. The process by which farmland is aggregated is called collectivization. In some countries (including the Soviet Union, the Eastern Bloc countries, China and Vietnam), there have been both state-run and cooperative-run variants. For example, the Soviet Union had both kolkhozy (cooperative-run farms) and sovkhozy (state-run farms). Pre-20th century history A small group of farming or herding families living together on a jointly managed piece of land is one of the most common living arrangements in all of human history, having co-existed and competed with more individualistic forms of ownership (as ...
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State Property
State ownership, also called government ownership and public ownership, is the ownership of an industry, asset, or enterprise by the state or a public body representing a community, as opposed to an individual or private party. Public ownership specifically refers to industries selling goods and services to consumers and differs from public goods and government services financed out of a government's general budget. Public ownership can take place at the national, regional, local, or municipal levels of government; or can refer to non-governmental public ownership vested in autonomous public enterprises. Public ownership is one of the three major forms of property ownership, differentiated from private, collective/cooperative, and common ownership. In market-based economies, state-owned assets are often managed and operated as joint-stock corporations with a government owning all or a controlling stake of the company's shares. This form is often referred to as a state-owned ...
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Socialism With Chinese Characteristics
Socialism with Chinese characteristics ( zh, s=中国特色社会主义, hp=Zhōngguó tèsè shèhuìzhǔyì) is a set of political theories and policies of the Chinese Communist Party (CCP) that are seen by their proponents as representing Marxism–Leninism adapted to Chinese circumstances and specific time periods, consisting of Deng Xiaoping Theory, Three Represents (Jiang Zemin), Scientific Outlook on Development ( Hu Jintao), and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. In this view, Xi Jinping Thought is considered to represent Marxist–Leninist policies suited for China's present condition while Deng Xiaoping Theory was considered relevant for the period when it was formulated. The term entered common usage during the era of Deng Xiaoping and was largely associated with Deng's overall program of adopting elements of market economics as a means to foster growth using foreign direct investment and to increase productivity (especially ...
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Wu Bangguo
Wu Bangguo (born 12 July 1941) is a retired high-ranking politician in the People's Republic of China. He was the Chairman and Chinese Communist Party Committee Secretary of the Standing Committee of the National People's Congress from 2003 to 2013, a position that made him Chinese Speaker. He ranked second in official rankings of state and party leaders of China. Wu is an electrical engineer by profession, and rose to national fame through regional work as the party chief of Shanghai and as Vice-Premier. Early life Wu was born in Guizhou, with ancestral roots in Feidong, Anhui. He entered Tsinghua University in 1960, majoring in electron tube engineering at the Department of Radio Electronics, where he graduated in 1967. He subsequently was employed as a worker and technician at Shanghai's No. 3 Electronic Tube Factory, and then deputy chief and chief of the technical section from 1976 to 1978. He would eventually go on to lead the factory as its party secretary. In 1978 he ...
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Wang Zhaoguo
Wang Zhaoguo (; born 14 July 1941) is a retired Chinese politician who came to prominence during the era of Deng Xiaoping. An automobile factory technician by trade, Wang had a long and varied political career, known for having acquired a ministerial-level position at the age of 41. Before entering the Politburo of the Chinese Communist Party in 2002, he successively served as the First Secretary of the Communist Youth League, the chief of the party's General Office, Secretary of the Central Secretariat, Governor of Fujian, Head of the United Front Work Department and Vice-Chairman of the CPPCC. Initially speculated to be a political star and once regarded as the successor of the office of Party General Secretary, Wang's career leveled out after he entered the Politburo of the Chinese Communist Party in 2002. In his later years, he served as the head of the All-China Federation of Trade Unions and as a Vice-Chairman of the National People's Congress. He retired in 2013. Early ...
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Socialist State
A socialist state, socialist republic, or socialist country, sometimes referred to as a workers' state or workers' republic, is a Sovereign state, sovereign State (polity), state constitutionally dedicated to the establishment of socialism. The term ''communist state'' is often used synonymously in the Western Bloc, West specifically when referring to one-party socialist states governed by Marxist–Leninist communist parties, despite these countries being officially socialist states in the process of building Socialist mode of production, socialism and progressing toward a communist society. These countries never describe themselves as ''communist'' nor as having implemented a communist society. Additionally, a number of countries that are multi-party capitalist states make Socialism in liberal democratic constitutions, references to socialism in their constitutions, in most cases alluding to the building of a socialist society, naming socialism, claiming to be a socialist state ...
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