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.
广西壮族自治区治安联防组织暂行规定
广西壮族自治区人民政府
广西壮族自治区治安联防组织暂行规定
广西自治区人民政府
第一条 为发挥群众治安联防组织的作用,加强治安管理和安全防范工作,维护社会治安持序,根据国家有关法律、法规的规定,结合本自治区情况,制定本规定。
第二条 治安联防组织的名称为治安联防队、治安联防分队。
治安联防组织是协助公安机关维护本地区社会治安秩序的群众性治安保卫力量。
第三条 治安联防组织的设立。城镇一般以公安派出所辖区为单位建立;农村可以自然村为单位建立;大型企业事业单位以及集贸市场、旅馆、影剧院、车站、码头、等公共场所也可单独建立或设立分队。铁路、交通、林业、航运等系统,可以公安派出所辖区为单位建立跨区域的专业
性治安联防队。
各级机关、团体、学校、科研和企业事业单位,应当参加所在地的治安联防组织。
第四条 城镇、农村建立治安联防组织,须经当地公安机关审核,报市辖区、乡(镇)人民政府批准。治安联防组织由市辖区、乡(镇)人民政府领导,公安机关负责业务指导,在公安派出所的具体组织下进行工作。
国家机关、社会团体、企业事业单位或公共复杂场所的治安联防组织,由有关单位会同当地公安派出所负责组织和领导。铁路、交通、林业、航运等系统的跨区域专业性治安联防组织,由各系统的公安机关负责组织和指导工作。
第五条 治安联防组织的职责:
(一)由公安派出所统一组织,进行巡逻、值勤、守护和安全防范检查工作;
(二)协助公安机关向人民群众进行安全防范和遵纪守法教育;
(三)协助公安机关维护和整顿公共场所治安秩序;
(四)协助公安机关堵截、查缉被公安机关通缉、追查的各类人犯;
(五)制止违反犯罪行为,并将违法犯罪人员送交公安机关处理;
(六)发现刑事、治安案件,要保护现场,维护秩序,并及时报告公安机关;
(七)参加抢险救灾,维护公共安全;
(八)协助基层组织实施依法制订的村(街)规民约、厂规、校规、院规。
第六条 治安联防组织的力量配备,应当贯彻积极防范于节约人力、物力的原则,由公安派出所会同有关单位协商提出,报市辖区、乡(镇)人民政府审定。
第七条治安联防组织的人员,必须是思想进步、作法正派、法制观念强、身体健康、热爱治安保卫工作的人员。
第八条 治安联防组织的人员可由单位选派或者推荐,也可以从复员退伍军人或社会上其他人员中招聘,并须经当地公安派出所审查批准。
治安联防组织聘用人员时,应签订合同,聘用期为一至二年,期满后可以续聘。
第九条 治安联防组织人员的工作、福利待遇;
(一)国家、集体单位选派、推荐的人员,属于在职职工的,在工资、福利、奖金等方面享受原工作单位职工的同等待遇,由原工作单位发给;
(二)受聘的治安联防组织人员是离、退休职工的,其补贴费、误餐费等由聘用单位负担;几个单位联合聘用的,共同负担;
(三)前两项规定以外的人员的工资、福利待遇,在聘用时加以确定,其具体标准,由市辖区、乡(镇)人民政府决定;
(四)对受聘用的专职治安联防组织的人员,聘用单位有条件的,应投保人身安全保险。
第十条 治安联防组织所需经费主要由受益单位和个人出资筹集。筹集确有困难的,可由当地财政予以适当补贴。筹集办法及其标准,由自治区物价局、财政厅、公安厅规定。
治安联防组织可与有关单位建立治安承包,实行有偿服务。经市、县公安部门批准,也可以举办一些与防范工作有关的非经营性服务项目。
第十一条 治安联防组织筹集的经费以及其它经济收入,应当交市、县公安机关列入治安联防经费管理,专款专用,并受同级财政监督。公安机关及其他单位和个人不得挤占挪用。
第十二条 治安联防组织应当建立、执行下列制度:
(一)考勤、考绩制度;
(二)交接班和工作检查制度;
(三)法律政策学习和业务训练制度;
(四)治安情况登记、汇报制度;
(五)赃款赃物、拾交物品登记、验收、上缴制度;
(六)财政收支管理制度;
(七)奖罚制度。
第十三条 治安联防组织及其他人员必须遵守下列规定:
(一)听从指挥,忠于职守;
(二)文明执勤,礼貌待人,不得打人、骂人、体罚人;
(三)廉洁奉公,秉公办事,不得假公济私,以权谋私;
(四)严格依法办事,不得实施拘留、逮捕、搜查、审讯、没收财物、罚款及其他处罚行为;
(五)执行任务时必须佩戴执勤标志,携带工作证件,接收群众监督;
(六)盘查行迹可疑人员和将违法犯罪人员送交公安部门时,应出示工作证件。
第十四条 治安联防组织人员的执勤标志和工作证件,由自治区公安厅统一格式,各市、县公安机关制发。
第十五条 经县级以上公安机关批准,治安联防组织人员可以配置防卫性器具,但不得配置枪支警械。
第十六条 公安机关应当对治安联防组织的人员进行培训,未经培训的治安联防组织人员不得上岗。
第十七条 对在维护社会治安,预防和打击违法犯罪活动中作出显著成绩的治安联防组织及其人员,由市或市辖区、县公安机关予以表彰奖励。奖励费用从治安联防经费或公安机关事业费中开支。
第十八条 治安联防组织人员违反本规定的,由公安机关或有关单位根据情节轻重,给予批评教育、直至除名的处分;违反犯罪的,依法处理。
第十九条 治安联防组织人员在执行任务中因公致残、死亡,是国家在职职工或离、退休职工的,由派出、雇请单位按照国家现行有关在职职工因公致残、死亡的规定办理;
第二十条 本规定由自治区公安厅负责解释。
第二十条 本规定自发布之日起实施。
1991年2月22日