Professor Sun Xianzhong Submits Opinions on the Revision of Sub-part on Real Rights for Security of the Part on Property Rights of the Civil Code

Professor Sun Xianzhong, a member of the Constitution and Law Committee of the National People’s Congress, a member of the CASS Academic Committee and a research fellow at CASS Law Institute, recently put forward opinions on the revision of the Sub-part on Real Rights for Security of the Draft Part on Property Rights of the Civil Code, which was deliberated by the Standing Committee of the Thirteenth National People’s Congress at its tenth meeting in April 2019, and published for the solicitation of public opinions on April 27, 2017. Professor Sun opinions include the following ten parts: 1. deficiencies in the formulation of Article 178 and suggestions for its revision; 2. deficiencies in the formulation of Article 179 and suggestions for its revision; 3. deficiencies in the formulation of Article 185 and suggestions for its revision; 4. Problems in Article 186 and corresponding suggestions; 5. Suggestions on providing for more types of special mortgage in this part in light of the complicity of the system; 6. Suggestions on incorporating into this part of the Code the mortgage of rural land-use rights resulting from the ‘Separation of Three Rights’ on Rural Collective Land”; 7. Opinions on issues relating to the mortgage of the right of use the rural house site; 8. Suggestions on not including any provision on chattel mortgage in this part of the Code; 9. Suggestions on the deletion or rewriting of Article 207, which has obvious problems in its formulation; and 10. Opinions on incorporating data assets into the system of pledge as a means of financing.