LAW OF SUCCESSION OF THE PEOPLE'S REPUBLIC OF CHINA ——附加英文版
The National People's Congress
LAW OF SUCCESSION OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Third Session of the Sixth National People's
Congress, promulgated by Order No. 24 of the President of the People's
Republic of China on April 10, 1985, and effective as of October 1, 1985)
Contents
Chapter I General Provisions
Chapter II Statutory Succession
Chapter III Testamentary Succession and Legacy
Chapter IV Disposition of the Estate
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is enacted pursuant to the provisions of the Constitution of the
People's Republic of China with a view to protecting the right of citizens
to inherit private property.
Article 2
Succession begins at the death of a citizen.
Article 3
Estate denotes the lawful property owned by a citizen personally at the
time of his death, which consists of:
(1) his income;
(2) his houses, savings and articles of everyday use;
(3) his forest trees, livestock and poultry;
(4) his cultural objects, books and reference materials;
(5) means of production lawfully owned by him;
(6) his property rights pertaining to copyright and patent rights; and (7)
his other lawful property.
Article 4
Personal benefits accruing from a contract entered into by an individual
are heritable in accordance with the provisions of this Law. Contracting
by an individual, if permitted by law to be continued by the successor,
shall be treated in accordance with the terms of the contract.
Article 5
Succession shall, after its opening, be handled in accordance with the
provisions of statutory succession; where a will exists, it shall be
handled in accordance with testamentary succession or as legacy; where
there is an agreement for legacy in return for support, the former shall
be handled in accordance with the terms of the agreement.
Article 6
The right to inheritance or legacy of a competent person shall be
exercised on his behalf by his statutory agent.
The right to inheritance or legacy of a person with limited capacity shall
be exercised on his behalf by his statutory agent or by such person
himself after obtaining the consent of his statutory agent.
Article 7
A successor shall be disinherited upon his commission of any one of the
following acts:
(1) intentional killing of the decedent;
(2) killing any other successor in fighting over the estate;
(3) a serious act of abandoning or maltreating the decedent; or
(4) a serious act of forging, tampering with or destroying the will.
Article 8
The time limit for institution of legal proceedings pertaining to disputes
over the right to inheritance is two years, counting from the day the
successor became or should have become aware of the violation of his right
to inheritance. No legal proceedings, however, may be instituted after the
expiration of a period of 20 years from the day succession began.
Chapter II Statutory Succession
Article 9
Males and females are equal in their right to inheritance.
Article 10
The estate of the decedent shall be inherited in the following order:
First in order: spouse, children, parents.
Second in order: brothers and sisters, paternal grandparents, maternal
grandparents. When succession opens, the successor(s) first in order
shall inherit to the exclusion of the successor(s) second in order. The
successor(s) second in order shall inherit in default of any successor
first in order.
The "children" referred to in this Law include legitimate children,
illegitimate children and adopted children, as well as step-children who
supported or were supported by the decedent.
The "parents" referred to in this Law include natural parents and adoptive
parents, as well as step-parents who supported or were supported by the
decedent.
The "brothers and sisters" referred to in this Law include blood brothers
and sisters, brothers and sisters of half blood, adopted brothers and
sisters, as well as step-brothers and step-sisters who supported or were
supported by the decedent.
Article 11
Where a decedent survived his child, the direct lineal descendants of the
predeceased child inherit in subrogation. Descendants who inherit in
subrogation generally shall take only the share of the estate their father
or mother was entitled to.
Article 12
Widowed daughters-in-law or sons-in-law who have made the predominant
contributions in maintaining their parents-in-law shall, in relationship
to their parents-in-law, be regarded as successors first in order.
Article 13
Successors same in order shall, in general, inherit in equal shares.
At the time of distributing the estate, due consideration shall be given
to successors who are unable to work and have special financial
difficulties.
At the time of distributing the estate, successors who have made the
predominant contributions in maintaining the decedent or have lived with
the decedent may be given a larger share.
At the time of distributing the estate, successors who had the ability and
were in a position to maintain the decedent but failed to fulfil their
duties shall be given no share or a smaller share of the estate.
Successors may take unequal shares if an agreement to that effect is
reached among them.
Article 14
An appropriate share of the estate may be given to a person, other than a
successor, who depended on the support of the decedent and who neither can
work nor has a source of income, or to a person, other than a successor,
who was largely responsible for supporting the decedent.
Article 15
Questions pertaining to succession should be dealt with through
consultation by and among the successors in the spirit of mutual
understanding and mutual accommodation, as well as of amity and unity. The
time and mode for partitioning the estate and the shares shall be decided
by the successors through consultation. If no agreement is reached through
consultation, they may apply to a People's Mediation Committee for
mediation or institute legal proceedings in a people's court.
Chapter III Testamentary Succession and Legacy
Article 16
A citizen may, by means of a will made in accordance with the provisions
of this Law, dispose of the property he owns and may appoint a
testamentary executor for the purpose. A citizen may, by making a will,
designate one or more of the statutory successors to inherit his personal
property.
A citizen may, by making a will, donate his personal property to the state
or a collective, or bequeath it to persons other than the statutory
successors.
Article 17
A notarial will is one made by a testator through a notary agency.
A testator-written will is one made in the testator's own handwriting and
signed by him, specifying the date of its making.
A will written on behalf of the testator shall be witnessed by two or more
witnesses, of whom one writes the will, dates it and signs it along with
the other witness or witnesses and with the testator.
A will made in the form of a sound-recording shall be witnessed by two or
more witnesses.
A testator may, in an emergency situation, make a nuncupative will, which
shall be witnessed by two or more witnesses. When the emergency situation
is over and if the testator is able to make a will in writing or in the
form of a sound-recording, the nuncupative will he has made shall be
invalidated.
Article 18
None of the following persons shall act as a witness of a will:
(1) persons with no capacity or with limited capacity;
(2) successors and legatees; or
(3) persons whose interests are related to those of the successors and
legatees.
Article 19
Reservation of a necessary portion of an estate shall be made in a will
for a successor who neither can work nor has a source of income.
Article 20
A testator may revoke or alter a will he previously made.
Where several wills that have been made conflict with one another in
content, the last one shall prevail.
A notarial will may not be revoked or altered by a testator-written will,
a will written on behalf of the testator, a will in the form of a sound-
recording or a nuncupative will.
Article 21
Where there are obligations attached to testamentary succession or legacy,
the successor or legatee shall perform them. Anyone who fails to perform
the obligations without proper reasons may, upon request by a relevant
organization or individual, entail nullification of his right to
inheritance by a people's court.
Article 22
Wills made by persons with no capacity or with limited capacity shall be
void. Wills shall manifest the genuine intention of the testators; those
made under duress or as a result of fraud shall be void.
Forged wills shall be void.
Where a will has been tampered with, the affected parts of it shall be
void.
Chapter IV Disposition of the Estate
Article 23
After the opening of succession, a successor who has knowledge of the
death should promptly notify the other successors and the testamentary
executor. If one of the successors knows about the death or if there is no
way to make the notification, the organization to which the decedent
belonged before his death or the residents' committee or villagers'
committee at his place of residence shall make the notification.
Article 24
Anyone who has in his possession the property of the decedent shall take
good care of such property and no one is allowed to misappropriate it or
contend for it.
Article 25
A successor who, after the opening of succession, disclaims inheritance
should make known his decision before the disposition of the estate. In
the absence of such an indication, he is deemed to have accepted the
inheritance.
A legatee should, within two months from the time he learns of the legacy,
make known whether he accepts it or disclaims it. In the absence of such
an indication within the specified period, he is deemed to have disclaimed
the legacy.
Article 26
If a decedent's estate is partitioned, half of the joint property acquired
by the spouses in the course of their matrimonial life shall, unless
otherwise agreed upon, be first allotted to the surviving spouse as his or
her own property; the remainder shall constitute the decedent's estate.
If the decedent's estate is a component part of the common property of his
family, that portion of the property belonging to the other members of the
family shall first be separated at the time of the partitioning of the
decedent's estate.
Article 27
Under any of the following circumstances, the part of the estate affected
shall be dealt with in accordance with statutory succession:
(1) where inheritance is disclaimed by a testamentary successor or the
legacy is disclaimed by a legatee;
(2) where a testamentary successor is disinherited;
(3) where a testamentary successor or legatee predeceases the testator;
(4) where an invalidated portion of the will involves part of the estate;
or
(5) where no disposition is made under the will for part of the estate.
Article 28
At the time of the partitioning of the estate, reservation shall be made
for the share of an unborn child. The share reserved shall, if the baby is
stillborn, be dealt with in accordance with statutory succession.
Article 29
The partitioning of a decedent's estate shall be conducted in a way
beneficial to the requirements of production and livelihood; it shall not
diminish the usefulness of the estate.
If the estate is unsuitable for partitioning, it may be disposed of by
such means as price evaluation, appropriate compensation or co-ownership.
Article 30
A surviving spouse who remarries is entitled to dispose of the property he
or she has inherited, subject to no interference by any other person.
Article 31
A citizen may enter into a legacy-support agreement with a person who, in
accordance with the agreement, assumes the duty to support the former in
his or her lifetime and attends to his or her interment after death, in
return for the right to legacy. A citizen may enter into a legacy-support
agreement with an organization under collective ownership which, in
accordance with the agreement, assumes the duty to support the former in
his or her lifetime and attends to his or her interment after death, in
return for the right to legacy.
Article 32
An estate which is left with neither a successor nor a legatee shall
belong to the state or, where the decedent was a member of an organization
under collective ownership before his or her death, to such an
organization.
Article 33
The successor to an estate shall pay all taxes and debts payable by the
decedent according to law, up to the actual value of such estate, unless
the successor pays voluntarily in excess of the limit.
The successor who disclaims inheritance assumes no responsibility for the
payment of taxes and debts payable by the decedent according to law.
Article 34
The carrying out of a legacy shall not affect the payment of taxes and
debts payable by the legator according to law.
Chapter V Supplementary Provisions
Article 35
The people's congress of a national autonomous area may, in accordance
with the principles of this Law and the actual practices of the local
nationality or nationalities with regard to property inheritance, enact
adaptive or supplementary provisions. Provisions made by autonomous
regions shall be reported to the Standing Committee of the National
People's Congress for the record. Provisions made by autonomous
prefectures or autonomous counties shall become effective after being
reported to and approved by the standing committee of the people's
congress of the relevant province or autonomous region and shall be
reported to the Standing Committee of the National People's Congress for
the record.
Article 36
For inheritance by a Chinese citizen of an estate outside the People's
Republic of China or of an estate of a foreigner within the People's
Republic of China, the law of the place of domicile of the decedent shall
apply in the case of movable property; in the case of immovable property,
the law of the place where the property is located shall apply. For
inheritance by a foreigner of an estate within the People's Republic of
China or of an estate of a Chinese citizen outside the People's Republic
of China, the law of the place of domicile of the decedent shall apply in
the case of movable property; in the case of immovable property, the law
of the place where the property is located shall apply. Where treaties or
agreements exist between the People's Republic of China and foreign
countries, matters of inheritance shall be handled in accordance with such
treaties or agreements.
Article 37
This Law shall go into effect as of October 1, 1985.
Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
兰州市市政公用事业特许经营管理办法
甘肃省兰州市人民政府
兰州市市政公用事业特许经营管理办法
第一条 为了规范市政公用事业特许经营活动，保证社会公众利益和维护特许经营者和消费者合法权益，促进市政公用事业市场化进程，根据国家建设部《市政公用事业特许经营管理办法》和《甘肃省人民政府关于加快推进城市市政公用事业改革的意见》(省政府甘政发〔2005〕59号)之规定，结合本市实际，制定本办法。
第二条 本办法所称市政公用事业特许经营是指市人民政府按照有关法律、法规和规章规定，通过市场竞争机制选择市政公用事业投资者或者经营者，明确其在一定期限和范围经营某项市政公用事业产品或提供某项服务的制度。
第三条 实行特许经营的范围是：
（一）城市供排水、供气、供热；
（二）公共交通；
（三）污水处理、垃圾处理；
（四）市人民政府确定的其他市政项目。
第四条 市人民政府建设行政主管部门，负责市政公用事业特许经营的具体实施工作。
其他相关行政主管部门在各自职责范围内协同做好市政公用事业特许经营管理工作。
第五条 实施市政公用事业特许经营，应当遵循公开、公平、公正和公共利益优先、资源有效配置的原则。
第六条 根据城市建设发展需要和市政公用事业建设规划，确定实行特许经营的市政公用事业项目。
具体项目由建设行政主管部门会同相关行政主管部门提出并拟定具体实施方案，报市人民政府批准后实施。
第七条 特许经营期限，根据行业特点、规模、经营方式等因素确定，但最长不得超过三十年。
第八条 特许经营可以采取下列方式：
(一)在一定期限内，政府将项目授予特许经营者投资建设、运营，届满由特许经营者无偿移交政府；
(二)在一定期限内，政府将城市基础设施移交特许经营者运营，届满由特许经营者交还政府；
(三)在一定期限内，政府将公共服务委托特许经营者提供；
(四)市政府根据实际情况确定的其他经营方式。
第九条 建设行政主管部门应当采取招标或者法律、法规、规章规定的其他方式，公平、公开、公正地选择市政公用事业的特许经营者。
第十条 参与特许经营权竞标者应当具备下列条件：
（一）具有企业法人资格；
（二）有相应注册资本金和设施、设备；
（三）有良好的银行资信、财务状况及相应的偿债能力；
（四）有相应的从业经历和良好的业绩；
（五）有相应数量的技术、财务、经营等关键岗位人员；
（六）有切实可行的经营方案；
（七）相关法规、规章规定的其他条件。
第十一条 建设行政主管部门选择投资者或经营者，按照下列程序进行：
（一）提出市政公用事业特许经营项目，报市人民政府批准后，向社会公开发布招标条件，受理投标；
（二）根据招标条件，对特许经营权的投标人进行资格审查和方案预审，推荐出符合条件的投标候选人；
（三）组织评审委员会依法进行评审，并经过质询和公开答辩，择优选择特许经营权授予对象；
（四）向社会公示招标结果，公示时间为25天；
（五）公示期满，对中标者没有异议的，经市人民政府批准，与中标者（特许经营权获得者）签订特许经营协议。
第十二条 建设行政主管部门在特许经营协议签订后30日内，将协议报上一级市政公用事业行政主管部门备案。
第十三条 特许经营协议应当包括下列内容：
（一）特许经营内容、区域、范围及有效期限；
（二）产品和服务标准；
（三）价格和收费的确定方法、标准以及调整程序；
（四）设施的权属与处置；
（五）设施维护和更新改造；
（六）安全管理；
（七）履约担保；
（八）特许经营权的终止和变更；
（九）违约责任；
（十）争议解决方式；
（十一）双方认为需要约定的其他事项。
第十四条 获得特许经营权的企业应当履行下列职责：
（一）科学合理地制定企业年度生产、供应计划；
（二）按照国家安全生产法规、规章和行业安全生产标准规范，组织企业安全生产；
（三）履行经营协议，为社会提供足量的、符合标准的产品和服务；
（四）接受主管部门对产品和服务质量的监督检查；
（五）按规定的时间将中长期发展规划、年度经营计划、年度报告、董事会决议等报主管部门备案；
（六）加强对生产设施、设备的运行维护和更新改造，确保设施完好；
（七）协议约定的其他职责。
第十五条 建立规范的公共财政补贴机制。
特许经营者因承担政府公益性指令任务造成经济损失的，政府应当给予相应的补偿。
第十六条 特许经营者确需变更名称、地址、法定代表人的，必须以书面形式告知建设行政主管部门，并须取得其同意。
第十七条 特许经营者在协议有效期内单方提出解除协议的，应当提前向建设行政主管部门提出解除协议的书面申请；建设行政主管部门自收到特许经营者申请之日起3个月内作出同意或者不同意的书面答复。
在解除协议前，特许经营者必须按照原协议约定，保证正常的经营与服务。
第十八条 特许经营者有下列行为之一的，建设行政主管部门依照法律、法规、规章和相关文件的有关规定进行处理：
（一）擅自转让、出租特许经营权的；
（二）擅自将所经营的财产进行处置或者抵押的；
（三）因管理不善，发生重大质量、生产安全事故的；
（四）擅自停业、歇业，严重影响到社会公共利益和安全的；
（五）以欺骗、贿赂等不正常手段获得特许经营权的；
（六）法律、法规和规章禁止的其他行为。
第十九条 在项目运营的过程中，建设行政主管部门应当组织相关专家对特许经营者的经营情况进行中期评估。
评估周期一般不得低于两年，特殊情况下可以实施年度评估。
第二十条 市建设行政主管部门和其他有关行政主管部门按照相关法律、法规和规章规定的原则和程序，审定和监管市政公用事业产品和服务价格，并对下列事项进行监督管理：
（一）市场准入与退出；
（二）产品与服务质量；
（三）价格与成本核算；
（四）市场秩序及运行安全。
建设行政主管部门和其他相关行政主管部门实施监督检查，不得妨碍特许经营者正常的生产经营活动。
第二十一条 建设行政主管部门和市政公用事业特许经营者应当建立下列制度并采取相应措施：
（一）特许经营的市政公用事业项目公示制度；
（二）中期评估情况发布制度；
（三）全天候值班制度，特许经营者必须开通对社会开放的24小时服务专线；
（四）及时听取社会公众建议、意见和建议、意见办理情况反馈制度；
（五）存在问题限期整改制度。
前款所列各项制度及相关措施和有关情况，均应通过新闻媒体向社会予以公布。
第二十二条 本办法自公布之日起施行。
〖2006年11月7日兰政发【2006】99号文件公布〗
