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GENERAL PRINCIPLES OF THE CIVIL LAW OF PRC

http://www.dffy.com 2003-3-20 17:31:25 来源:东方法眼

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  organization or individual may seize, encroach upon, privately divide, destroy or illegally seal up, distrain, freeze or confiscate it.
  Article 75
  A citizen s personal property shall include his lawfully earned income, housing, savings, articles for daily use, objects d art, books, reference materials, trees, livestock, as well as means of production the law permits a citizen to possess and other lawful property. A citizen s lawful property shall be protected by law, and no organization or individual may appropriate, encroach upon, destroy or illegally seal up, distrain, freeze or confiscate it.
  Article 76
  Citizens shall have the right of inheritance under the law.
  Article 77
  The lawful property of social organizations, including religious organizations, shall be protected by law.
  Article 78
  Property may be owned jointly by two or more citizens or legal persons.
  There shall be two kinds of joint ownership, namely co-ownership by shares 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. Each co-owner by shares shall have the right to withdraw his own share of 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.
  Article 79
  If the owner of a buried or concealed object is unknown, the 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.
  Lost-and-found objects, flotsam and stray animals shall be returned to their rightful owners, and any costs thus incurred shall be reimbursed by the owners.
  Article 80
  State-owned land may be used according to law by units under 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.
  The right of citizens and collectives to contract for management of 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.
  Land may not be sold, leased, mortgaged or illegally transferred by any other means.
  Article 81
  State-owned forests, mountains, grasslands, unreclaimed land, 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.

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