1. How does the Civil Code protect private property?
According to Article 267 of the Civil Code, private legal property is protected by law, and any organization or individual is prohibited from occupying, looting or destroying it.
Private property stipulated in the Civil Code includes the following contents:
1, legal income. Legitimate income refers to the income obtained by citizens through their own labor or other means within the scope permitted by law. Such as salary, bonus, manuscript fee, interest, share dividend, accepting gifts, etc.
2. the house. Mainly refers to the houses used by citizens for living and living.
3. storage. Savings refer to citizens' money in banks or credit cooperatives. Except for the needs of judicial organs in handling cases according to law, no unit or individual may inquire about citizens' savings. Banks and credit cooperatives have the obligation of confidentiality.
4. daily necessities. Such as clothes, food, tableware, transportation, etc.
5. Cultural relics. Such as calligraphy, painting, ceramics, ancient books and other valuable items.
6. Books and materials. Such as books, newspapers, charts, etc.
7. Trees, livestock, means of production and other lawful property that citizens are allowed to own by law. Such as tractors and machine tools.
Second, the significance of protecting private property.
1. Strengthening the protection of citizens' legitimate private property is conducive to upholding and improving the basic economic system and promoting the development of the non-public economy; It is conducive to ensuring the realization of citizens' rights and promoting the rule of law; It is conducive to mobilizing the enthusiasm and creativity of the broad masses of the people and building a well-off society in an all-round way.
2. Protecting private property rights is the soil and prerequisite for developing non-public economy. Only by recognizing and protecting private property rights can the non-public economy emerge and develop.
At present, a considerable part of private property is accumulated by individual industrial and commercial households and private entrepreneurs in their production and operation, and it is also indispensable for them to engage in production and operation activities.
Further strengthening the protection of citizens' legitimate private property in the constitution, including the protection of private property created and obtained by individual industrial and commercial households and private entrepreneurs through their hard work and legal operation, can play a positive role in encouraging citizens to engage in individual industry and commerce and entrepreneurship; Can let the existing individual industrial and commercial households and private entrepreneurs engage in business and development with peace of mind and boldness; It is also conducive to introducing and absorbing foreign capital and relieving the worries of the development of the non-public economy. This will certainly play an important role in upholding and improving the basic economic system in the primary stage of socialism and promoting the development of the non-public economy.
3. It is conducive to ensuring the realization of citizens' rights and promoting the rule of law. Historical materialism tells us that no matter which society, people can engage in political, scientific, artistic, philosophical and religious activities only after solving the basic material life problems such as food, clothing, housing and transportation.
The realization of civil rights also needs the corresponding material basis as a guarantee. On the one hand, the material basis for realizing citizens' rights should be provided by the state; On the other hand, the private property of citizens also plays a very important role in the realization of civil rights.
Third, the scope of private property.
The scope of private property is as follows:
1, income. Refers to the monetary income or valuable things that people get from all kinds of labor. Mainly includes:
(1) salary. Labor remuneration paid to employees in a certain period includes hourly wages, piece-rate wages, post wages, grade wages, basic wages, seniority wages, bonuses, allowances and subsidies, overtime wages and remuneration paid under special circumstances. ;
(two) the material rights obtained by engaging in intellectual creation and providing services, such as manuscript fees, patent transfer fees, lecture fees, consulting fees, performance fees, etc. ;
(3) Income from interest, dividends and bonuses derived from creditor's rights and equity ownership;
(four) income from renting buildings, land use rights, machinery and equipment, vehicles, ships and other property;
(five) income from the transfer of securities, equity, buildings, land use rights, machinery and equipment, vehicles, ships and other property;
(six) winning, winning, winning lottery and other unexpected income;
(seven) income from labor services and contracted land of self-employed.
2. the house. Houses are the most important and basic means of livelihood for China citizens, including urban houses purchased according to law, houses built on rural homesteads according to law, shops, factories and other buildings.
According to China's land management law, urban real estate management law and this law, houses only refer to buildings on land, not including the land they occupy. The land occupied by urban houses belongs to the state, and the rural homestead belongs to the peasant collective. Private individuals can enjoy the ownership of houses, and the land occupied by houses can only enjoy the right to use construction land or homestead according to law.
3. daily necessities. Refers to articles used in daily life, including household appliances, private cars, furniture and other supplies.
4. Production tools and raw materials. Production tools refer to the instruments used by people in production activities, such as machinery and equipment, vehicles, ships and other means of transportation. Raw materials refer to the basic materials needed to produce products, such as ore, wood and steel. Production tools and raw materials are important means of production and basic materials necessary for production.
In addition to the above, private property also includes other real estate and movable property, such as books, personal collections, livestock and poultry.