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Laws of the People's Republic of China |
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| Category | BASIC CIVIL LAW | Organ of Promulgation | The National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1986-04-12 | Effective Date | 1987-01-01 |
|
General Principles of the Civil Law of the People's Republic of China |
|---|
Chapter I Basic Principles
Chapter II Citizen (Natural Person)
Section 1 Capacity for Civil Rights and Capacity for Civil Conduct
Section 2 Guardianship
Section 3 Declarations of Missing Persons and Death
Section 4 Individual Businesses and Leaseholding Farm Households
Section 5 Individual Partnership
Chapter III Legal Persons
Section 1 General Stipulations
Section 2 Enterprise as Legal Person
Section 3 Official Organ, Institution and Social Organization as
Legal Persons
Section 4 Economic Association
Chapter IV Civil Juristic Acts and Agency
Scction 1 Civil Juristic Acts
Section 2 Agency
Chapter V Civil Rights
Section 1 Property Ownership and Related Property Rights
Section 2 Creditors' Rights
Section 3 Intellectual Property Rights
Section 4 Personal Rights
Chapter VI Civil Liability
Section 1 General Stipulations
Section 2 Civil Liability for Breach of Contract
Section 3 Civil Liability for Infringement of Rights
Section 4 Methods of Bearing Civil Liability
Chapter VII Limitation of Action
Chapter VIII Application of Law in Civil Relations with Foreigners
Chapter IX Supplementary Provisions Article 1 This Law is formulated in accordance with the Constitution and Article 2 The Civil Law of the People's Republic of China shall adjust Article 3 Parties to a civil activity shall have equal status. Article 4 In civil activities, the principles of voluntariness, fairness, Article 5 The lawful civil rights and interests of citizens and legal Article 6 Civil activities must be in compliance with the law; where Article 7 Civil activities shall have respect for social ethics and shall Article 8 The law of the People's Republic of China shall apply to civil The stipulations of this Law as regards citizens shall apply to foreigners Section 1 Capacity for Civil Rights and Capacity for Civil Conduct Article 9 A citizen shall have the capacity for civil rights from birth Article 10 All citizens are equal as regards their capacity for civil Article 11 A citizen aged 18 or over shall be an adult. He shall have A citizen who has reached the age of 16 but not the age of 18 and whose Article 12 A minor aged 10 or over shall be a person with limited A minor under the age of 10 shall be a person having no capacity for civil Article 13 A mentally ill person who is unable to account for his own A mentally ill person who is unable to fully account for his own conduct Article 14 The guardian of a person without or with limited capacity for Article 15 The domicile of a citizen shall be the place where his Section 2 Guardianship Article 16 The parents of a minor shall be his guardians. If the parents of a minor are dead or lack the competence to be his (1) paternal or maternal grandparent; (2) elder brother or sister; or (3) any other closely connected relative or friend willing to bear the In case of a dispute over guardianship, the units of the minor's parents If none of the persons listed in the first two paragraphs of this article Article 17 A person from the following categories shall act as guardian (1) spouse; (2) parent; (3) adult child; (4) any other near relative; (5) any other closely connected relative or friend willing to bear the In case of a dispute over guardianship, the unit to which the mentally ill If none of the persons listed in the first paragraph of this article is Article 18 A guardian shall fulfil his duty of guardianship and protect A guardian's rights to fulfil his guardianship in accordance with the law If a guardian does not fulfil his duties as guardian or infringes upon the Article 19 A person who shares interests with a mental patient may apply With the recovery of the health of a person who has been declared by a Section 3 Declarations of Missing Persons and Death Article 20 If a citizen's whereabouts have been unknown for two years, an If a person's whereabouts become unknown during a war, the calculation of Article 21 A missing person's property shall be placed in the custody of Any taxes, debts and other unpaid expenses owed by a missing person shall Article 22 In the event that a person who has been declared missing Article 23 Under either of the following circumstances, an interested (1) if the citizen's whereabouts have been unknown for four years or (2) if the citizen's whereabouts have been unknown for two years after the If a person's whereabouts become unknown during a war, the calculation of Article 24 In the event that a person who has been declared dead Any civil juristic acts performed by a person with capacity for civil Article 25 A person shall have the right to request the return of his Section 4 Individual Businesses and Leaseholding Farm Households Article 26 "Individual businesses" refers to business run by individual Article 27 "Leaseholding farm households" refers to members of a rural Article 28 The legitimate rights and interests of individual businesses Article 29 The debts of an individual business or a leaseholding farm Section 5 Individual Partnership Article 30 "Individual partnership" refers to two or more citizens Article 31 Partners shall make a written agreement covering the funds Article 32 The property provided by the partners shall be under their Article 33 An individual partnership may adopt a shop name; it shall be Article 34 The operational activities of an individual partnership shall Article 35 A partnership's debts shall be secured with the partners' Partners shall undertake joint liability for their partnership's debts, Section 1 General Stipulations Article 36 A legal person shall be an organization that has capacity for A legal person's capacity for civil rights and capacity for civil conduct Article 37 A legal person shall have the following qualifications: (1) establishment in accordance with the law; (2) possession of the necessary property or funds; (3) possession of its own name, organization and premises; and (4) ability to independently bear civil liability. Article 38 In accordance with the law or the articles of association of Article 39 A legal person's domicile shall be the place where its main Article 40 When a legal person terminates, it shall go into liquidation Section 2 Enterprise as Legal Person Article 41 An enterprise owned by the whole people or under collective A Chinese-foreign equity joint venture, Chinese-foreign contractual joint Article 42 An enterprise as legal person shall conduct operations within Article 43 An enterprise as legal person shall bear civil liability for Article 44 If an enterprise as legal person is divided or merged or When an enterprise as legal person is divided or merged, its rights and Article 45 An enterprise as legal person shall terminate for any of the (1) if it is dissolved by law; (2) if it is disbanded; (3) if it is declared bankrupt in accordance with the law; or (4) for other reasons. Article 46 When an enterprise as legal person terminates, it shall cancel Article 47 When an enterprise as legal person is disbanded, it shall Article 48 An enterprise owned by the whole people, as legal person, Article 49 Under any of the following circumstances, an enterprise as (1) conducting illegal operations beyond the range approved and registered (2) concealing facts from the registration and tax authorities and (3) secretly withdrawing funds or hiding property to evade repayment of (4) disposing of property without authorization after the enterprise is (5) failing to apply for registration and make a public announcement (6) engaging in other activities prohibited by law, damaging the interests Section 3 Official Organ, Institution and Social Organization as Legal Article 50 An independently funded official organ shall be qualified as a If according to law an institution or social organization having the Section 4 Economic Association Article 51 If a new economic entity is formed by enderprise and an Article 52 If the enterprises or an enterprise and an institution that Article 53 If the contract for economic association of enterprises or of Section 1 Civil Juristic Acts Article 54 A civil juristic act shall be the lawful act of a citizen or Article 55 A civil juristic act shall meet the following requirements: (1) the actor has relevant capacity for civil conduct; (2) the intention expressed is genuine; and (3) the act does not violate the law or the public interest. Article 56 A civil juristic act may be in written, oral or other form. If Article 57 A civil juristic act shall be legally binding once it is Article 58 Civil acts in the following categories shall be null and void: (1) those performed by a person without capacity for civil conduct; (2) those that according to law may not be independently performed by a (3) those performed by a person against his true intentions as a result of (4) those that performed through malicious collusion are detrimental to (5) those that violate the law or the public interest; (6) economic contracts that violate the state's mandatory plans; and (7) those that performed under the guise of legitimate acts conceal Civil acts that are null and void shall not be legally binding from the Article 59 A party shall have the right to request a people's court or an (1) those performed by an actor who seriously misunderstood the contents (2) those that are obviously unfair. Rescinded civil acts shall be null and void from the very beginning. Article 60 If part of a civil act is null and void, it shall not affect Article 61 After a civil act has been determined to be null and void or If the two sides have conspired maliciously and performed a civil act that Article 62 A civil juristic act may have conditions attached to it. Section 2 Agency Article 63 Citizens and legal persons may perform civil juristic acts An agent shall perform civil juristic acts in the principal's name within Civil juristic acts that should be performed by the principal himself, Article 64 Agency shall include entrusted agency, statutory agency and An entrusted agent shall exercise the power of agency as entrusted by the Article 65 A civil juristic act may be entrusted to an agent in writing Where the entrustment of agency is in writing, the power of attorney shall If the power of attorney is not clear as to the authority conferred, the Article 66 The principal shall bear civil liability for an act performed An agent shall bear civil liability if he fails to perform his duties and If an agent and a third party in collusion harm the principal's interests, If a third party is aware that an actor has no power of agency, is Article 67 If an agent is aware that the matters entrusted are illegal Article 68 If in the principal's interests an entrusted agent needs to Article 69 An entrusted agency shall end under any of the following (1) when the period of agency expires or when the tasks entrusted are (2) when the principal rescinds the entrustment or the agent declines the (3) when the agent dies; (4) when the principal loses his capacity for civil conduct; or (5) when the principal or the agent ceases to be a legal person. Article 70 A statutory or appointed agency shall end under any of the (1) when the principal gains or recovers capacity for civil conduct; (2) when the principal or the agent dies; (3) when the agent loses capacity for civil conduct; (4) when the people's court or the unit that appointed the agent rescinds (5) when the guardian relationship between the principal and the agent Section 1 Property Ownership and Related Property Rights Article 71 "Property ownership" means the owner's rights to lawfully Article 72 Property ownership shall not be obtained in violation of the Unless the law stipulates otherwise or the parties concerned have agreed Article 73 State property shall be owned by the whole people. State property is sacred and inviolable, and no organization or individual Article 74 Property of collective organizations of the working masses (1) land, forests, mountains, grasslands, unreclaimed land, beaches and (2) property of collective economic organizations; (3) collectively owned buildings, reservoirs, farm irrigation facilities (4) other property that is collectively owned. Collectively owned land shall be owned collectively by the village Collectively owned property shall be protected by law, and no organization Article 75 A citizen's personal property shall include his lawfully A citizen's lawful property shall be protected by law, and no organization Article 76 Citizens shall have the right of inheritance under the law. Article 77 The lawful property of social organizations, including Article 78 Property may be owned jointly by two or more citizens or legal There shall be two kinds of joint ownership, namely co-ownership by shares Each co-owner by shares shall have the right to withdraw his own share of Article 79 If the owner of a buried or concealed object is unknown, the Lost-and-found objects, flotsam and stray animals shall be returned to Article 80 State-owned land may be used according to law by units under The right of citizens and collectives to contract for management of land Land may not be sold, leased, mortgaged or illegally transferred by any Article 81 State-owned forests, mountains, grasslands, unreclaimed land, State-owned mineral resources may be mined according to law by units under The right of citizens and collectives to lawfully contract for the State-owned mineral resources and waters as well as forest land, Article 82 Enterprises under ownership by the whole people shall lawfully Article 83 In the spirit of helping production, making things convenient Section 2 Creditors' Rights Article 84 A debt represents a special relationship of rights and The creditor shall have the right to demand that the debtor fulfil his Article 85 A contract shall be an agreement whereby the parties Article 86 When there are two or more creditors to a deal, each creditor Article 87 When there are two or more creditors or debtors to a deal, Article 88 The parties to a contract shall fully fulfil their obligations If a contract contains ambiguous terms regarding quality, time limit for (1) If quality requirements are unclear, state quality standards shall (2) If the time limit for performance is unclear, the debtor may at his (3) If the place of performance is unclear, and the payment is money, (4) If the price agreed by the parties is unclear, the state-fixed price If the contract does not contain an agreed term regarding rights to patent If the contract does not contain an agreed term regarding rights to use of Article 89 In accordance with legal provisions or the agreement between (1) A guarantor may guarantee to the creditor that the debtor shall (2) The debtor or a third party may offer a specific property as a pledge. (3) Within the limits of relevant legal provisions, a party may leave a (4) If a party has possession of the other party's property according to Article 90 Legitimate loan relationships shall be protected by law. Article 91 If a party to a contract transfers all or part of his Contracts which according to legal provisions are subject to state Article 92 If profits are acquired improperly and without a lawful basis, Article 93 If a person acts as manager or provides services in order to Section 3 Intellectual Property Rights Article 94 Citizens and legal persons shall enjoy rights of authorship Article 95 The patent rights lawfully obtained by citizens and legal Article 96 The rights to exclusive use of trademarks obtained by legal Article 97 Citizens who make discoveries shall be entitled to the rights Citizens who make inventions or other achievements in scientific and Section 4 Personal Rights Article 98 Citizens shall enjoy the rights of life and health. Article 99 Citizens shall enjoy the right of personal name and shall be Legal persons, individual businesses and individual partnerships shall Article 100 Citizens shall enjoy the right of portrait. The use of a citizen's portrait for profit without his consent shall be Article 101 Citizens and legal persons shall enjoy the right of Article 102 Citizens and legal persons shall enjoy the right of honour. Article 103 Citizens shall enjoy the right of marriage by choice. Article 104 Marriage, the family, old people, mothers and children shall The lawful rights and interests of the handicapped shall be protected by Article 105 Women shall enjoy equal civil rights with men. Section 1 General Stipulations Article 106 Citizens and legal persons who breach a contract or fail to Citizens and legal persons who through their fault encroach upon state or Civil liability shall still be borne even in the absence of fault, if the Article 107 Civil liability shall not be borne for failure to perform a Article 108 Debts shall be cleared. If a debtor is unable to repay his Article 109 If a person suffers damages from preventing or stopping Article 110 Citizens or legal persons who bear civil liability shall also Section 2 Civil Liability for Breach of Contract Article 111 If a party fails to fulfil its contractual obligations or Article 112 The party that breaches a contract shall be liable for The parties may specify in a contract that if one party breaches the Article 113 If both parties breach the contract, each party shall bear Article 114 If one party is suffering losses owing to the other party's Article 115 A party's right to claim compensation for losses shall not be Article 116 If a party fails to fulfil its contractual obligations on Section 3 Civil Liability for Infringement of Rights Article 117 Anyone who encroaches on the property of the state, a Anyone who damages the property of the state, a collective or another Article 118 If the rights of authorship(copyrights), patent rights, Article 119 Anyone who infringes upon a citizen's person and causes him Article 120 If a citizen's right of personal name, portrait, reputation The above paragraph shall also apply to infringements upon a legal Article 121 If a state organ or its personnel, while executing its Article 122 If a substandard product causes property damage or physical Article 123 If any person causes damage to other people by engaging in Article 124 Any person who pollutes the environment and causes damage to Article 125 Any constructor who engages in excavation, repairs or Article 126 If a building or any other installation or an object placed Article 127 If a domesticated animal causes harm to any person, its Article 128 A person who causes harm in exercising justifiable defence Article 129 If harm occurs through emergency actions taken to avoid Article 130 If two or more persons jointly infringe upon another person's Article 131 If a victim is also at fault for causing the damage, the Article 132 If none of the parties is at fault in causing damage, they Article 133 If a person without or with limited capacity for civil If a person who has property but is without or with limited capacity for Section 4 Methods of Bearing Civil Liability Article 134 The main methods of bearing civil liability shall be: (1) cessation of infringements; (2) removal of obstacles; (3) elimination of dangers; (4) return of property; (5) restoration of original condition; (6) repair, reworking or replacement; (7) compensation for losses; (8) payment of breach of contract damages; (9) elimination of ill effects and rehabilitation of reputation; and (10) extension of apology. The above methods of bearing civil liability may be applied exclusively or When hearing civil cases, a people's court, in addition to applying the Article 135 Except as otherwise stipulated by law, the limitation of Article 136 The limitation of action shall be one year in cases (1) claims for compensation for bodily injuries; (2) sales of substandard goods without proper notice to that effect; (3) delays in paying rent or refusal to pay rent; or (4) loss of or damage to property left in the care of another person. Article 137 A limitation of action shall begin when the entitled person Article 138 If a party chooses to fulfil obligations voluntarily after Article 139 A limitation of action shall be suspended during the last six Article 140 A limitation of action shall be discontinued if suit is Article 141 If the law has other stipulations concerning limitation of Article 142 The application of law in civil relations with foreigners If any international treaty concluded or acceded to by the People's International practice may be applied to matters for which neither the law Article 143 If a citizen of the People's Republic of China settles in a Article 144 The ownership of immovable property shall be bound by the law Article 145 The parties to a contract involving foreign interests may If the parties to a contract involving foreign interests have not made a Article 146 The law of the place where an infringing act is committed An act committed outside the People's Republic of China shall not be Article 147 The marriage of a citizen of the People's Republic of China Article 148 Support shall be bound by the law of the country to which the Article 149 In the statutory succession of an estate, movable property Article 150 The application of foreign laws or international practice in Article 151 The people's congresses of the national autonomous areas may Article 152 If an enterprise owned by the whole people has been Article 153 For the purpose of this Law, "force majeure" means Article 154 Time periods referred to in the Civil Law shall be calculated When a time period is prescribed in hours, calculation of the period shall If the last day of a time period falls on a Sunday or an official holiday, The last day shall end at 24:00 hours. If business hours are applicable, Article 155 In this Law, the terms "not less than," "not more than," Article 156 This Law shall come into force on January 1, 1987. Note 1. Article 2 in Amendment to the Constitution of the People's
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Chapter I Basic Principles
the actual situation in our country, drawing upon our practical experience in
civil activities, for the purpose of protecting the lawful civil rights and
interests of citizens and legal persons and correctly adjusting civil
relations, so as to meet the needs of the developing socialist modernization.
property relationships and personal relationships between civil subjects with
equal status, that is, between citizens, between legal persons and between
citizens and legal persons.
making compensation for equal value, honesty and credibility shall be
observed.
persons shall be protected by law; no organization or individual may infringe
upon them.
there are no relevant provisions in the law, they shall be in compliance with
state policies.
not harm the public interest, undermine state economic plans or disrupt social
economic order.
activities within the People's Republic of China, except as otherwise
stipulated by law.
and stateless persons within the People's Republic of China, except as
otherwise stipulated by law.
Chapter II Citizen (Natural Person)
to death and shall enjoy civil rights and assume civil obligations in
accordance with the law.
rights.
full capacity for civil conduct, may independently engage in civil activities
and shall be called a person with full capacity for civil conduct.
main source of income is his own labour shall be regarded as a person with
full capacity for civil conduct.
capacity for civil conduct and may engage in civil activities appropriate to
his age and intellect; in other civil activities, he shall be represented by
his agent ad litem or participate with the consent of his agent ad litem.
conduct and shall be represented in civil activities by his agent ad litem.
conduct shall be a person having no capacity for civil conduct and shall be
represented in civil activities by his agent ad litem.
shall be a person with limited capacity for civil conduct and may engage in
civil activities appropriate to his mental health; in other civil activities,
he shall be represented by his agent ad litem or participate with the consent
of his agent ad litem.
civil conduct shall be his agent ad litem.
residence is registered; if his habitual residence is not the same as his
domicile, his habitual residence shall be regarded as his domicile.
guardian, a person from the following categories who has the competence to be
a guardian shall act as his guardian:
responsibility of guardianship and having approval from the units of the
minor's parents or from the neighbourhood or village committee in the place
of the minor's residence.
or the neighbourhood or village committee in the place of his residence shall
appoint a guardian from among the minor's near relatives. If disagreement over
the appointment leads to a lawsuit, the people's court shall make a ruling.
is available to be the guardian, the units of the minor's parents, the
neighbourhood or village committee in the place of the minor's residence or
the civil affairs department shall act as his guardian.
for a mentally ill person without or with limited capacity for civil conduct:
responsibility of guardianship and having approval from the unit to which the
mentally ill person belongs or from the neighbourhood or village committee in
the place of his residence.
person belongs or the neighbourhood or village committee in the place of his
residence shall appoint a guardian from among his near relatives. If
disagreement over the appointment leads to a lawsuit, the people's court shall
make a ruling.
available to be the guardian, the unit to which the mentally ill person
belongs, the neighbourhood or village committee in the place of his residence
or the civil affairs department shall act as his guardian.
the person, property and other lawful rights and interests of his ward.
A guardian shall not handle the property of his ward unless it is in the
ward's interests.
shall be protected by law.
lawful rights and interests of his ward, he shall be held responsible; if a
guardian causes any property loss for his ward, he shall compensate for such
loss. The people's court may disqualify a guardian based on the application of
a concerned party or unit.
to a people's court for a declaration that the mental patient is a person
without or with limited capacity for civil conduct.
people's court to be without or with limited capacity for civil conduct, and
upon his own application or that of an interested person. the people's court
may declare him to be a person with limited or full capacity for civil
conduct.
interested person may apply to a people's court for a declaration of the
citizen as missing.
the time period in which his whereabouts are unknown shall begin on the final
day of the war.
his spouse, parents, adult children or other closely connected relatives or
friends. In case of a dispute over custody, if the persons stipulated above
are unavailable or are incapable of taking such custody, the property shall
be placed in the custody of a person appointed by the people's court.
defrayed by the custodian out of the missing person's property.
reappears or his whereabouts are ascertained, the people's court shall, upon
his own application or that of an interested person, revoke the declaration of
his missing-person status.
person may apply to the people's court for a declaration of a citizen's death:
date of an accident in which he was involved.
the time period in which his whereabouts are unknown shall begin on the final
day of the war.
reappears or it is ascertained that he is alive, the people's court shall,
upon his own application or that of an interested person, revoke the
declaration of his death.
conduct during the period in which he has been declared dead shall be valid.
property, if the declaration of his death has been revoked. Any citizen or
organization that has obtained such property in accordance with the Law of
Succession shall return the original items or make appropriate compensation if
the original items no longer exist.
citizens who have been lawfully registered and approved to engage in
industrial or commercial operation within the sphere permitted by law. An
individual business may adopt a shop name.
collective economic organization who engage in commodity production under a
contract and within the spheres permitted by law.
and leaseholding farm households shall be protected by law.
household shall be secured with the individual's property if the business is
operated by an individual and with the family's property if the business is
operated by a family.
associated in a business and working together, with each providing funds,
material objects, techniques and so on according to an agreement.
each is to provide, the distribution of profits. the responsibility for debts,
the entering into and withdrawal from partnership, the ending of partnership
and other such matters.
unified management and use. The property accumulated in a partnership
operation shall belong to all the partners.
approved and registered in accordance with the law and conduct business
operations within the range as approved and registered.
be decided jointly by the partners, who each shall have the right to carry out
and supervise those activities. The partners may elect a responsible person.
All partners shall bear civil liability for the operational activities of the
responsible person and other personnel.
property in proportion to their respective contributions to the investment or
according to the agreement made.
except as otherwise stipulated by law. Any partner who overpays his share of
the partnership's debts shall have the right to claim compensation from the
other partners.
Chapter III Legal Persons
civil rights and capacity for civil conduct and independently enjoys civil
rights and assumes civil obligations in accordance with the law.
shall begin when the legal person is established and shall end when the legal
person terminates.
the legal person, the responsible person who acts on behalf of the legal
person in exercising its functions and powers shall be its legal
representative.
administrative office is located.
in accordance with the law and discontinue all other activities.
ownership shall be qualified as a legal person when it has sufficient funds as
stipulated by the state; has articles of association, an organization and
premises; has the ability to independently bear civil liability; and has been
approved and registered by the competent authority.
venture or foreign-capital enterprise established within the People's Republic
of China shall be qualified as a legal person in China if it has the
qualifications of a legal person and has been approved and registered by the
administrative agency for industry and commerce in according with the law.
the range approved and registered.
the operational activities of its legal representatives and other personnel.
undergoes any other important change, it shall register the change with the
registration authority and publicly announce it.
obligations shall be enjoyed and assumed by the new legal person that results
from the change.
following reasons:
its registration with the registration authority and publicly announce the
termination.
establish a liquidation organization and go into liquidation. When an
enterprise as legal person is dissolved or is declared bankrupt, the competent
authority or a people's court shall organize the organs and personnel
concerned to establish a liquidation organization to liquidate the enterprise.
shall bear civil liability with the property that the state authorizes it to
manage. An enterprise under collective ownership, as legal person, shall bear
civil liability with the property it owns. A Chinese-foreign equity joint
venture, Chinese-foreign contractual joint venture or foreign-capital
enterprise as legal person shall bear civil liability with the property it
owns, except as stipulated otherwise by law.
legal person shall bear liability, its legal representative may additionally
be given administrative sanctions and fined and, if the offence constitutes a
crime, criminal responsibility shall be investigated in accordance with the
law:
by the registration authority;
practising fraud;
debts;
dissolved, disbanded or declared bankrupt;
promptly when the enterprise undergoes a change or terminates, thus causing
interested persons to suffer heavy losses;
of the state or the public interest.
Person
legal person on tbe day it is established.
qualifications of a legal person needs not go through the procedures for
registering as a legal person, it shall be qualified as a legal person on the
day it is established; if according to law it does need to go through the
registration procedures, it shall be qualified as a legal person after being
approved and registered.
institution that engage in economic association and it independently bears
civil liability and has the qualifications of a legal person, the new entity
shall be qualified as a legal person after being approved and registered by
the competent authority.
engage in economic association conduct joint operation but do not have the
qualifications of a legal person, each party to the association shall, in
proportion to its respective contribution to the investment or according to
the agreement made, bear civil liability with the property each party owns or
manages.If joint liability is specified by law or by agreement, the parties
shall assume joint liability.
an enterprise and an institution specifies that each party shall conduct
operations independently, it shall stipulate the rights and obligation of each
party, and each party shall bear civil liability separately.
Chapter IV Civil Juristic Acts and Agency
legal person to establish, change or terminate civil rights and obligations.
the law stipulates that a particular form be adopted, such stipulation shall
be observed.
instituted. The actor shall not alter or rescind his act except in accordance
with the law or with the other party's consent.
person with limited capacity for civil conduct;
cheating, coercion or exploitation of his unfavourable position by the other
party;
the interest of the state, a collective or a third party;
illegitimate purposes.
very beginning.
arbitration agency to alter or rescind the following civil acts:
of the acts;
the validity of other parts.
has been rescinded, the party who acquired property as a result of the act
shall return it to the party who suffered a loss. The erring party shall
compensate the other party for the losses it suffered as a result of the act;
if both sides are in error, they shall each bear their proper share of the
responsibility.
is detrimental to the interests of the state, a collective or a third party,
the property that they thus obtained shall be recovered and turned over to the
state or the collective, or returned to the third party.
Conditional civil juristic acts shall take effect when the relevant conditions
are met.
through agents.
the scope of the power of agency. The principal shall bear civil liability
for the agent's acts of agency.
pursuant to legal provisions or the agreement between the two parties. shall
not be entrusted to an agent.
appointed agency.
principal; a statutory agent shall exercise the power of agency as prescribed
by law; and an appointed agent shall exercise the power of agency as
designated by a people's court or the appointing unit.
or orally. If legal provisions require the entrustment to be written, it shall
be effected in writing.
clearly state the agent's name, the entrusted tasks and the scope and duration
of the power of agency, and it shall be signed or sealed by the principal.
principal shall bear civil liability towards the third party, and the agent
shall be held jointly liable.
by an actor with no power of agency, beyond the scope of his power of agency
or after his power of agency has expired, only if he recognizes the act
retroactively. If the act is not so recognized, the performer shall bear civil
liability for it. If a principal is aware that a civil act is being executed
in his name but fails to repudiate it, his consent shall be deemed to have
been given.
thus causes damage to the principal.
the agent and the third party shall be held jointly liable.
overstepping his power of agency, or his power of agency has expired and yet
joins him in a civil act and thus brings damage to other people, the third
party and the actor shall be held jointly liable.
but still carries them out, or if a principal is aware that his agent's acts
are illegal but fails to object to them, the principal and the agent shall be
held jointly liable.
transfer the agency to another person, he shall first obtain the principal's
consent. If the principal's consent is not obtained in advance, the matter
shall be reported to him promptly after the transfer, and if the principal
objects, the agent shall bear civil liability for the acts of the transferee;
however, an entrusted agency transferred in emergency circumstances in order
to safeguard the principal's interests shall be excepted.
circumstances:
completed;
entrustment;
following circumstances:
the appointment; or
ends for other reasons.
Chapter V Civil Rights
possess, utilize, profit from and dispose of his property.
law.
on other arrangements, the ownership of property obtained by contract or by
other lawful means shall be transferred simultaneously with the property
itself.
shall be allowed to seize, encroach upon, privately divide, retain or destroy
it.
shall be owned collectively by the working masses. This shall include:
other areas that are stipulated by law to be under collective ownership;
and educational, scientific, cultural, health, sports and other facilities;
and
peasants in accordance with the law and shall be worked and managed by village
agricultural production cooperatives, other collective agricultural economic
organizations or villages' committees. Land already under the ownership of the
township (town) peasants' collective economic organizations may be
collectively owned by the peasants of the township (town).
or individual may seize, encroach upon, privately divide, destroy or illegally
seal up, distrain, freeze or confiscate it.
earned income, housing, savings, articles for daily use, objets d'art, books,
reference materials, trees, livestock, as well as means of production the law
permits a citizen to possess and other lawful property.
or individual may appropriate, encroach upon, destroy or illegally seal up,
distrain, freeze or confiscate it.
religious organizations, shall be protected by law.
persons.
and common ownership. Each of the co-owners by shares shall enjoy the rights
and assume the obligations respecting the joint property in proportion to his
share. Each of the common owners shall enjoy the rights and assume the
obligations respecting the joint property.
the joint property or transfer its ownership. However, when he offers to sell
his share, the other co-owners shall have a right of pre-emption if all other
conditions are equal.
object shall belong to the state. The unit that receives the object shall
commend or give a material reward to the unit or individual that turns in the
object.
their rightful owners, and any costs thus incurred shall be reimbursed by the
owners.
ownership by the whole people; it may also be lawfully assigned for use by
units under collective ownership. The state shall protect the usufruct of the
land, and the usufructuary shall be obligated to manage, protect and properly
use the land.
under collective ownership or of state-owned land under collective use shall
be protected by law. The rights and obligations of the two contracting parties
shall be stipulated in the contract signed in accordance with the law.
other means.
beaches, water surfaces and other natural resources may be used according to
law by units under ownership by the whole people; or they may also be lawfully
assigned for use by units under collective ownership. The state shall protect
the usufruct of those resources, and the usufructuary shall be obliged to
manage, protect and properly use them.
ownership by the whole people and units under collective ownership; citizens
may also lawfully mine such resources. The state shall protect lawful mining
rights.
management of forests, mountains, grasslands, unreclaimed land, beaches and
water surfaces that are owned by collectives or owned by the state but used by
collectives shall be protected by law. The rights and obligations of the two
contracting parties shall be stipulated in the contract in accordance with the
law.
mountains, grasslands, unreclaimed land and beaches owned by the state and
those that are lawfully owned by collectives may not be sold, leased,
mortgaged or illegally transferred by any other means.(Note (1))
enjoy the rights of management over property that the state has authorized
them to manage and operate, and the rights shall be protected by law.
for people's lives, enhancing unity and mutual assistance, and being fair and
reasonable, neighbouring users of real estate shall maintain proper
neighbourly relations over such matters as water supply, drainage, passageway,
ventilation and lighting. Anyone who causes obstruction or damage to his
neighbour, shall stop the infringement, eliminate the obstruction and
compensate for the damage.
obligations established between the parties concerned, either according to the
agreed terms of a contract or legal provisions. The party entitled to the
rights shall be the creditor, and the party assuming the obligations shall be
the debtor.
obligations as specified by the contract or according to legal provisions.
establish, change or terminate their civil relationship. Lawfully established
contracts shall be protected by law.
shall be entitled to rights in proportion to his proper share of the credit.
When there are two or more debtors to a deal, each debtor shall assume
obligations in proportion to his share of the debt.
each of the joint creditors shall be entitled to demand that the debtor fulfil
his obligations, in accordance with legal provisions or the agreement between
the parties; each of the joint debtors shall be obliged to perform the entire
debt, and the debtor who performs the entire debt shall be entitled to ask the
other joint debtors to reimburse him for their shares of the debt.
pursuant to the terms of the contract.
performance, place of performance, or price, and the intended meaning cannot
be determined from the context of relevant terms in the contract, and if the
parties cannot reach an agreement through consultation, the provisions below
shall apply:
apply; if there are no state quality standards, generally held standards shall
apply.
convenience fulfill his obligations towards the creditor; the creditor may
also demand at any time that the debtor perform his obligations, but
sufficient notice shall be given to the debtor.
the performance shall be effected at the seat or place of residence of the
party receiving the payment; if the payment is other than money, the
performance shall be effected at the seat or place of residence of the party
fulfilling the obligations.
shall apply. If there is no state-fixed price, the price shall be based on
market price or the price of a similar article or remuneration for a similar
service.
application, any party who has completed an invention-creation shall have the
right to apply for a patent.
technological research achievements, the parties shall all have the right to
use such achievements.
the parties, the performance of a debt may be guaranteed using the methods
below:
perform his debt. If the debtor defaults, the guarantor shall perform the debt
or bear joint liability according to agreement. After performing the debt, the
guarantor shall have the right to claim repayment from the debtor.
If the debtor defaults, the creditors shall be entitled to keep the pledge to
offset the debt or have priority in satisfying his claim out of the proceeds
from the sale of the pledge pursuant to relevant legal provisions.
deposit with the other party. After the debtor has discharged his debt, the
deposit shall either be retained as partial payment of the debt or be
returned. If the party who leaves the deposit defaults, he shall not be
entitled to demand the return of the deposit; if the party who accepts the
deposit defaults, he shall repay the deposit in double.
contract and the other party violates the contract by failing to pay a
required sum of money within the specified time limit, the possessor shall
have a lien on the property and may keep the retained property to offset the
debt or have priority in satisfying his claim out of the proceeds from the
sale of the property pursuant to relevant legal provisions.
contractual rights or obligations to a third party, he shall obtain the other
party's consent and may not seek profits therefrom.
approval, such as transfers, must be approved by the authority that originally
approved the contract, unless the law or the original contract stipulates
otherwise.
resultng in another person's loss, the illegal profits shall be returned to
the person who suffered the loss.
protect another person's interests when he is not legally or contractually
obligated to do so, he shall be entitled to claim from the beneficiary the
expenses necessary for such assistance.
(copyrights) and shall be entitled to sign their names as authors, issue and
publish their works and obtain remuneration in accordance with the law.
persons shall be protected by law.
persons, individual businesses and individual partnerships shall be protected
by law.
of discovery. A discoverer shall have the right to apply for and receive
certificates of discovery, bonuses or other awards.
technological research shall have the right to apply for and receive
certificates of honour, bonuses or other awards.
entitled to determine, use or change their personal names in accordance with
relevant provisions. Interference with, usurpation of and false representation
of personal names shall be prohibited.
enjoy the right of name. Enterprises as legal persons, individual businesses
and individual partnerships shall have the right to use and lawfully assign
their own names.
prohibited.
reputation. The personality of citizens shall be protected by law, and the use
of insults, libel or other means to damage the reputation of citizens or legal
persons shall be prohibited.
It shall be prohibited to unlawfully divest citizens and legal persons of
their honorary titles.
Mercenary marriages, marriages upon arbitrary decision by any third party and
any other acts of interferrence in the freedom of marriage shall be prohibited.
be protected by law.
law.
Chapter VI Civil Liability
fulfil other obligations shall bear civil liability.
collective property or the property or person of other people shall bear civil
liability.
law so ,stipulates.
contract or damage to a third party if it is caused by force majeure, except
as otherwise provided by law.
debt immediately, he may repay by instalments with the consent of the creditor
or a ruling by a people's court. If a debtor is capable of repaying his debt
but refuse to do so, repayment shall be compelled by the decision of a
people's court.
encroachment on state or collective property, or the property or person of a
third party, the infringer shall bear responsibility for compensation, and the
beneficiary may also give appropriate compensation.
be held for administrative responsibility if necessary. If the acts committed
by citizens and legal persons constitute crimes, criminal responsibility of
their legal representatives shall be investigated in accordance with the law.
violates the term of a contract while fulfilling the obligations, the other
party shall have the right to demand fulfilment or the taking of remedial
measures and claim compensation for its losses.
compensation equal to the losses consequently suffered by the other party.
contract it shall pay the other party a certain amount of breach of contract
damages; they may also specify in the contract the method of assessing the
compensation for any losses resulting from a breach of contract.
its respective civil liability.
breach of contract, it shall take prompt measures to prevent the losses from
increasing; if it does not promptly do so, it shall not have the right to
claim compensation for the additional losses.
affected by the alteration or termination of a contract.
account of a higher authority, it shall first compensate for the losses of the
other party or take other remedial measures as contractually agreed and then
the higher authority shall be responsible for settling the losses it sustained.
collective or another person shall return the property; failing that, he shall
reimburse its estimated price.
person shall restore the property to its original condition or reimburse its
estimated price. If the victim suffers other great losses therefrom, the
infringer shall compensate for those losses as well.
rights to exclusive use of trademarks, rights of discovery, rights of
invention or rights for scientific and technological research achievements of
citizens or legal persons are infringed upon by such means as plagiarism,
alteration or imitation, they shall have the right to demand that the
infringement be stopped, its ill effects be eliminated and the damages be
compensated for.
physical injury shall pay his medical expenses and his loss in income due to
missed working time and shall pay him living subsidies if he is disabled; if
the victim dies, the infringe shall also pay the funeral expenses, the
necessary living expenses of the deceased's dependents and other such expenses.
or honour is infringed upon, he shall have the right to demand that the
infringement be stopped, his reputation be rehabilitated, the ill effects be
eliminated and an apology be made; he may also demand compensation for losses.
person's right of name, reputation or honour.
duties, encroaches upon the lawful rights and interests of a citizen or legal
person and causes damage, it shall bear civil liability.
injury to others, the manufacturer or seller shall bear civil liability
according to law. If the transporter or storekeeper is responsible for the
matter, the manufacturer or seller shall have the right to demand compensation
for its losses.
operations that are greatly hazardous to the surroundings, such as operations
conducted high aboveground, or those involving high pressure, high voltage,
combustibles, explosives, highly toxic or radioactive substances or high-speed
means of transport, he shall bear civil liability; however, if it can be
proven that the damage was deliberately caused by the victim, he shall not
bear civil liability.
others in violation of state provisions for environmental protection and the
prevention of pollution shall bear civil liability in accordance with the law.
installation of underground facilities in a public place, on a roadside or in
a passageway without setting up clear signs and adopting safety measures and
thereby causes damage to others shall bear civil liability.
or hung on a structure collapses, detaches or drops down and causes damage to
others, its owner or manager shall bear civil liability, unless he can prove
himself not at fault.
keeper or manager shall bear civil liability. If the harm occurs through the
fault of the victim, the keeper or manager shall not bear civil liability; if
the harm occurs through the fault of a third party, the third party shall bear
civil liability.
shall not bear civil liability. If justifiable defence exceeds the limits of
necessity and undue harm is caused, an appropriate amount of civil liability
shall be borne.
danger, the person who gave rise to the danger shall bear civil liability. If
the danger arose from natural causes, the person who took the emergency
actions may either be exempt from civil liability or bear civil liability to
an appropriate extent. If the emergency measures taken are improper or exceed
the limits of necessity and undue harm is caused, the person who took the
emergency action shall bear civil liability to an appropriate extent.
rights and cause him damage, they shall bear joint liability.
civil liability of the infringe may be reduced.
may share civil liability according to the actual circumstances.
conduct causes damage to others, his guardian shall bear civil liability. If
the guardian has done his duty of guardianship, his civil liability may be
appropriately reduced.
civil conduct causes damage to others, the expenses of compensation shall be
paid from his property. Shortfalls in such expenses shall be appropriately
compensated for by the guardian unless the guardian is a unit.
concurrently.
above stipulations, may serve admonitions, order the offender to sign a pledge
of repentance, and confiscate the property used in carrying out illegal
activities and the illegal income obtained therefrom. It may also impose fines
or detentions as stipulated by law.
Chapter VII Limitation of Action
action regarding applications to a people's court for protection of civil
rights shall be two years.
concerning the following:
knows or should know that his rights have been infringed upon. However, the
people's court shall not protect his rights if 20 years have passed since the
infringement. Under special circumstances, the people's court may extend the
limitation of action.
the limitation of action has expired, he shall not be subject to the
limitation.
months of the limitation if the plaintiff cannot exercise his right of claim
because of force majeure or other obstacles. The limitation shall resume on
the day when the grounds for the suspension are eliminated.
brought or if one party makes a claim for or agrees to fulfilment of
obligations. A new limitation shall be counted from the time of the
discontinuance.
action, those stipulations shall apply.
Chapter VIII Application of Law in Civil Relations with Foreigners
shall be determined by the provisions in this chapter.
Republic of China contains provisions differing from those in the civil laws
of the People's Republic of China, the provisions of the international treaty
shall apply, unless the provisions are ones on which the People's Republic of
China has announced reservations.
of the People's Republic of China nor any international treaty concluded or
acceded to by the People's Republic of China has any provisions.
foreign country, the law of that country may be applicable as regards his
capacity for civil conduct.
of the place where it is situated.
choose the law applicable to settlement of their contractual disputes, except
as otherwise stipulated by law.
choice, the law of the country to which the contract is most closely connected
shall be applied.
shall apply in handling compensation claims for any damage caused by the act.
If both parties are citizens of the same country or have established domicile
in another country, the law of their own country or the country of domicile
may be applied.
treated as an infringing act if under the law of the Pcople's Republic of
China it is not considered an infringing act.
to a foreigner shall be bound by the law of the place where they get married,
while a divorce shall be bound by the law of the place where a court accepts
the case.
supportee is most closely connected.
shall be bound by the law of the decedent's last place of residence, and
immovable property shall be bound by the law of the place where the property
is situated.
accordance with the provisions of this chapter shall not violate the public
interest of the People's Republic of China.
Chapter IX Supplementary provisions
formulate separate adaptive or supplementary regulations or provisions in
accordance with the principles of this Law and in light of the characteristics
of the local nationalities. Those formulated by the people's congresses of
autonomous regions shall be submitted in accordance with the law to the
Standing Committee of the National People's Congress for approval or for the
record. Those formulated by the people's congresses of autonomous prefectures
or autonomous counties shall be submitted to the standing committee of the
people's congress in the relevant province or autonomous region for approval.
established with the approval of the competent authority of a province,
autonomous region or centrally administered municipality or at a higher level
and it has already been registered with the administrative agency for industry
and commerce, before this Law comes into force, it shall automatically qualify
as a legal person without having to re-register as such.
unforeseeable, unavoidable and insurmountable objective conditions.
by the Gregorian calendar in years, months, days and hours.
begin on the prescribed hour. When a time period is prescribed in days, months
and years, the day on which the period begins shall not be counted as within
the period; calculation shall begin on the next day.
the day after the holiday shall be taken as the last day.
the last day shall end at closing time.
"within" and "expires" shall include the given figure; the terms "under" and
"beyond" shall not include the given figure.
Note:
Republic of China, adopted at the first session of the seventh National
People's Congress on April 12, 1988, provides:" The right to the use of land
may be transferred according to law." - The Editor
URL: http://www.asianlii.org/cn/legis/cen/laws/gpotcl298