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Since pledging to reform and open in 1978, China has been gradually shifting its legal system away from a socialist law towards something closer to a European-style legal system. In 2011, China declared that "socialist legal system with Chinese characteristics" had been established, but officials themselves say China's laws remains a work in progress. SAMARITANS, PROPERTY RIGHTS The preamble, which was released in draft form to the public in June last year, seeks to address some of the legal issues that have gnawed at public consciousness in recent years, such as who is responsible for China's abandoned children and elderly, or what protections cover so-called "Good Samaritans". China's incomplete legal system was heavily criticized for an incident in 2011 when multiple passersby ignored a toddler knocked to the ground in a hit-and-run. Shocked observers said the lack of clarity on civil rights leaves helpers at risk of liability when coming to the aid of strangers. Reformers also hope the code will resolve the issue of guardianship for "left behind" children whose parents work away from home and "empty nest" elderly folk who are similarly abandoned by their children. One issue that lawyers say remains mostly unresolved in the draft code is that of property rights. Most Chinese homeowners do not legally own the land on which their homes are built. Instead, they lease the rights to use the property for a limited number of years from the government, an arrangement that creates uncertainty for buyers. "Whether farmers or city folk, businessman or scientists, an inability to guarantee your own property in the way that other nations allow will impact social stability," said Li Shu, a lawyer at Anli Law Firm in Beijing. But Philip Cheng, a lawyer at Hogan Lovells in Shanghai, said a provision in the current draft requiring civil activities to be carried out in a "fair" and "reasonable" manner could help with certain property disputes.
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