GAO Shengping
Journal of Renmin University of China.
2020, 34(4):
19-29.
“Taking the people as the center and responding to the needs of the people's rule of law” is the basic guiding ideology of the Part of Property in the Civil CodeThe Part of Property adds new types of real right,such as the ownership of uninhabited island and the right of habitation,improves the relevant rules of the condominium ownership of buildings,and limits the establishment and exercise of real right in line with the green principleThe Division of Usufructuary Rights reflects the results of the new reform in land systemIt defines the property right structure of contracted land as “land ownership → contractual right of land → management right of land”,clarifies the right content of land management right,and endows it with the registration abilityIt deletes the prohibition of the mortgage of cultivated land,and makes it possible for the development of rural land financeTo give the contracted farmers stable expectation of land contract management,the rules of extension of contracted land after the second round of landcontract have been revisedBased on the needs of optimizing the business environment,the Division of Security Rights expands the scope of secured property,allows the general description of secured property,and provides the premise for the future property to enter the field of financing securityIt deletes the provisions of the specific registration institution of security,leaving room for the establishment of a unified filing system of movable property and right securityIt enriches the priority rules of competing security interest on the same property,and increases the certainty of secured transactions