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					Ownership
Property Law
(March 16, 2007 the Tenth National People's Congress adopted the fifth
meeting)
Directory

Part I General Provisions

Chapter I Basic Principles

Chapter II Right of establishment, alteration, transfer and elimination of

Real Estate Registration Section

Section movable delivery

Other provisions of Section III

Chapter III Protection of Real Right

Part II of ownership

Chapter IV General Provisions

Chapter V State ownership and collective ownership, private ownership

Chapter VI, the condominium ownership

Chapter VII of the neighborhood

Chapter VIII of the total

Chapter IX Special Provisions acquired ownership

III Usufruct

Chapter X General Provisions

Chapter XI of the right to land contractual management

Chapter XII construction land use rights

Chapter XIII land use right
Chapter XIV Easement

IV Security Interests

Chapter XV General Provisions

Chapter XVI mortgage

Section I of the General Mortgage

Section II of the maximum mortgage

Chapter XVII Pledge

Section I pledge movable property

Section Right Pledge

Chapter XVIII Lien

Possession of V

Chapter XIX possession

Supplementary Provisions
Part I General Provisions
Chapter I Basic Principles

The first countries to maintain the basic economic system, safeguard the socialist
market economic order, clearly define property ownership, effectively use, protection
of property rights holders, in accordance with law.

The second result of the ownership and use of property in civil relations arising from
this Law shall apply.

This law matter, including real estate and personal property. Law rights as property
objects, in accordance with its provisions.

This law right, is right according to law on a particular matter have direct control of
and exclusive rights, including ownership, usufructuary and security interests.

Third countries in the primary stage of socialism, uphold the public ownership
dominant and diverse economic sectors develop the basic economic system.
Countries to consolidate and develop the public economy, to encourage, support and
guide non-public ownership economy.

State practices socialist market economy and all market players to protect the equal
legal status and right to development.

Fourth state, collective, private property rights and other people's property
rights protected by law, no unit or individual shall not be violated.

Article type of property and contents prescribed by law.

Real Property Article of the establishment, alteration, transfer and elimination, should
be registered according to law. The establishment and transfer of movable property
shall be delivered in accordance with the law.

Article VII of the acquisition and exercise of property rights, shall comply with the
law, respect social morality or prejudice the public interests and legal rights of others.

Other relevant laws Article VIII Special provisions on property rights, in accordance
with its provisions.


Chapter II Right of establishment, alteration, transfer and elimination of

Real Estate Registration Section

Real Property Article of the establishment, alteration, transfer and elimination, are
legally registered, take effect; not registered, no effect, except as otherwise provided
by law.

Natural resources belong to the state law, ownership can not register.

Article estate registration, the registration of real property where the institution.

Unified state of real estate registration system. The scope of unified registration,
registration authorities and registration methods, by law and administrative
regulations.

Article party applying for registration, the registration should be based on different
matters and real estate ownership that boundary, area, and other necessary materials.

Article XII of the registration shall perform the following duties:

(A) the identification of applicants to provide proof of ownership and other necessary
materials;

(B) ask the applicant on the registration;

(C) accurately and timely registration of the matter;

(D) legal, administrative regulations of other duties.

Application for registration of real estate needs further proof of the circumstances, the
registration agency may require the applicant to provide supplementary materials,
when necessary, the field view.

Article XIII of the following acts shall not be registered institutions:

(A) requires an assessment of real property;

(B) to repeat the name of annual inspection register;

(C) beyond the scope of the registration duties other acts.

Real Property Article XIV of the establishment, alteration, transfer and elimination,
should be registered according to law, since the real property recorded in the register
take effect when.

Article XV made between the parties on the establishment, alteration, transfer and
elimination of real property in the contract, except otherwise provided by law or
contract provides otherwise, take effect from the conclusion of the contract; not
handle the registration of property rights does not affect the validity of the contract .

Article XVI register property is the property ownership and content basis. Real estate
register by the registration organizations.

Real estate ownership certificate is Article XVII shall enjoy the right to proof of the
real property. Real estate ownership certificate recorded matters, should be consistent
with the property register; record inconsistent, in addition to evidence of registration
of real estate books do have errors, subject to real property register.

Article XVIII rights holders, interested parties can apply queries, copy the registration
information, registration agencies should provide.

Article XIX rights holders, interested parties that the real property register issues
wrong, may apply for correction of registration. The rights of real property register
the written consent or evidence of registration correction indeed wrong, registered
institutions should be corrected.
The rights of real property register does not agree with the correction, an interested
person may object to the registration application. Objection to the registration agency
to be registered, the applicant objection within fifteen days from the date of
registration of non-prosecution, objection registration failure. Objection to improper
registration of famous entrepreneurs, venture cooperation projects in the damage
caused by the right person, right person can claim damages to the applicant.

Diershitiao the parties signed a sale and purchase housing or other real property
agreements, to safeguard the future realization of property, in accordance with the
agreed notice can apply for registration to the registration agency. Advance
registration, registration of rights without notice, consent, dispose of the real estate,
property effect does not occur.

Advance registration, claims to eliminate or from the date of registration of real estate
within three months without applying for registration, notice of registration failure.

If a party provides a false application for registration materials, causing damage to
others, be liable for damages.

Due to registration errors, damage to others, the registration agency shall be liable for
compensation. Registration agency compensation, registration errors can cause the
person to recover.

Twenty-two pieces of real estate registration fees received by, not in accordance with
the real estate area, the proportion of volume or price charged. Specific charges by the
State Council department in charge of relevant departments in conjunction with the
provisions of the price.

Section movable delivery

Article 3 The establishment and transfer of movable property, since the time of
delivery to be valid, except as otherwise provided by law.

Twenty-four ships, aircraft and motor vehicles and other property of the establishment,
alteration, transfer and elimination, without registration, no bona fide third party.

Article 5 set up and transfer of movable property before the rights are already in
possession of the personal property law, property rights since the entry into force of
legal acts take effect.

Article 6 and the transfer of movable property before the establishment of a third
person in possession of the personal property law, who bears the obligation to deliver
the transfer request by a third party the right to return the original place of delivery.
第二 17 movable property transfer, the two sides agreed to by the transferor in
possession of the chattel, the property since the entry into force of the agreement into
force.

Other provisions of Section III

第二 18 because of the people's court, arbitration committee or the
government's collection of legal instruments, decisions, leading to the
establishment of property rights, change, transfer or elimination, since the collection
of legal documents or government decisions take effect the entry into force.

第二 19 due to inheritance or property rights obtained by the legacy, succession or by
bequest from the beginning to take effect.

The third 10 for legal construction, demolition of houses and other acts to establish or
eliminate the fact that property rights, the fact that acts of self-achievement into force.

第三十一条 in accordance with the provisions of Article 18 to the enjoyment of real
property provisions of the third 10, the disposition of the property when required by
law for registration, without registration, the effectiveness of property rights does not
occur.


Chapter III Protection of Real Right

第 三 12 property are infringed upon, the right people can be reconciliation,
mediation, arbitration, litigation and other channels.

第三 13 due to property ownership, content dispute, an interested person may request
to confirm the right.

第三 14 not ownership of real or personal property, rights, may request the return of
the original.

第三 15 prejudice to property rights, or likely to prejudice the property, the right to
request exclusion may jeopardize or eliminate risk.

第三 16 caused damage to real or movable property, the right may request the repair,
reworking or replacement or restitution.

37th infringement upon property rights, rights of people causing damage to the right
holder can claim damages, or request bear other civil liabilities.
38th This Chapter provides the property rights protection, it can be used separately,
can be violated under the right conditions for the merger.

Against property, in addition to civil liability, the violation of administrative
regulations, shall bear administrative responsibility; constitute a crime shall be held
criminally responsible.
Part II of ownership
Chapter IV General Provisions

39th transferred to new ownership of their own real estate or movable property,
legally entitled to possession, use, benefits and rights of action.

Fourth 10 owners have the right to own real estate or personal property to establish
usufructuary and security interests. Usufructuary right people, a security interest in
the exercise of rights, shall not prejudice the rights of the owner.

第四十一条 law specifically state that all real and personal property, any unit or
individual can not obtain title.

42nd Article One To the public interest, in accordance with the law can impose the
powers and procedures of collective-owned land and units, individual housing and
other real estate.

For collective-owned land, it shall pay in full the land compensation fees, resettlement
fees, ground attachments and young crops compensation and other expenses, arrange
social security of farmers whose land costs, protect the lives of landless farmers,
landless farmers to maintain legal rights.

Collection units, individual housing and other real estate, relocation compensation
shall be according to law, safeguard the legitimate rights and interests of expropriation;
collected personal residence, it shall be imposed to protect people's living
conditions.

No unit or individual shall embezzle, misappropriate, embezzle, retain, compensate,
and other expenses in arrears collection.

43rd State shall exercise a special protection of cultivated land and strictly limited
agricultural land to construction land, control the total amount of construction land.
Not violate the law of authority and procedures for collective-owned land.

第四 14 for rescue, relief and other emergency needs, in accordance with the law of
the authority and procedures to requisition units, personal property or movable
property. Expropriation of immovable or movable property for use, should be returned
to the expropriation of people. Units, individual real estate or movable property to be
requisitioned or expropriated after the damage or loss should be compensated.


Chapter V State ownership and collective ownership, private ownership

45th state law provides that all property owned by the state that is the whole people.

State-owned property by the State Council of state ownership; otherwise provided by
law, in accordance with its provisions.

第四 16 mineral resources, waters, coastal waters owned by the state.

第四 17 cities in the land, owned by the state. State law all the rural and suburban
areas of land, owned by the state.

第 四 18 forests, mountains, grasslands, wastelands, beaches and other natural
resources belong to the state, but the law is, except the collective.

49th state law provides that all wildlife resources belong to the state.

Fifth 10 radio spectrum resources owned by the state.

第五十一条 law belong to the state's heritage, belong to the state.

第五 12 defense assets owned by the state.

Railways, highways, power facilities, telecommunications facilities and oil and gas
pipelines and other infrastructure, according to state law, the belongs to the state.

第 53 state agencies on their direct control of the immovable and movable property,
possess, use, and the State Council in accordance with the relevant provisions of the
law and the right disposition.

The 50th institution of state held its direct control of the immovable and movable
property, possess, use, and the State Council in accordance with the relevant
provisions of the law and benefits, the right disposition.

55th The state-funded enterprises by the State Council, local people's
government according to laws and administrative regulations are to fulfill the
responsibilities of investor on behalf of the State, enjoy the rights and interests of
investors.

56th The state owned property protected by law, prohibit any unit or individual to
occupy, loot, privately divide, retain or destroy.
第 五 17 to fulfill the state-owned assets management and supervision of the
institutions and their staff duties, shall strengthen the state-owned assets management,
supervision, increasing the value of state-owned property, to prevent the loss of state
property; abuse win in China, famous celebrities, famous aphorisms dereliction of
duty, resulting in the loss of state property shall bear legal responsibility.

Violation of the provisions of state property management in corporate restructuring,
mergers division, the process related transactions, low-cost transfer, conspiracy
dividing, unauthorized or otherwise create a security state property losses, shall bear
legal responsibility.

58th stipulated in a collective of all the immovable and movable property, including:

(A) the law of the land is collectively owned forests, mountains, grasslands, wasteland,
shoal;

(B) collectively owned buildings, production facilities, irrigation and water
conservancy facilities;

(C) of the collective education, science, culture, health, sports and other facilities;

(D) all of the other collective immovable and movable property.

第五 19 peasant collectives of immovable and movable property belonging to the
collective members of the collectives.

The following matters shall be in accordance with legal procedures decided by the
members of this group:

(A) program and the land contract land contract to the outside of the collective entity
or individual contract;

(B) of the individual right to land contractual management contract between the land
adjustment;

(C) the use of land compensation fees, costs, allocation;

(D) collective investment business matters such as ownership changes;

(E) other matters prescribed by law.

Sixth 10 for collectively owned land and forests, mountains, grasslands, wasteland,
beach, etc., in accordance with the exercise of ownership of the following provisions:
(A) belongs to the village peasant collectives, from the village collective economic
organizations or villagers committees on behalf of collective ownership;

(B) two or more farmers belonging to the village collectively owned by the village
collective economic organizations or villagers in the group on behalf of collective
ownership;

(C) are collectively owned rural farmers, rural collective economic organizations from
the collective ownership.

第六十一条 urban collective of all immovable and movable property, in accordance
with laws, administrative rules and regulations by the collective enjoyment of
possession, use, benefits and rights of action.

62nd stipulated in a collective economic organizations or villagers committees,
village groups should be in accordance with laws, administrative regulations and
articles of association, collective members of the village rules announced to the
collective property of the state.

63rd stipulated in a collective property of all protected by law, prohibit any unit or
individual to occupy, loot, privately divide, destroy.

Collective economic organizations, villagers committee or the decision of its head
against the legitimate rights and interests of the collective members of the victim
group members can request the court to be removed.

140th six production does not meet the protection of personal and property safety of
the national standards, industry-standard electrical appliances, pressure vessels, or
other flammable products do not meet personal and property safety of the national
standards, industry-standard products Taobao Open shops, dry stock, what is dry or
knowingly selling more shares do not meet personal and property safety of the
national standards, industry-standard products, causing serious consequences, five
years of imprisonment, impose a sales amount of 5% a fine of more than ten times;
the consequences are especially serious, more than five years imprisonment, and
impose a 50 percent sales of more than two times the amount of a fine.

147th production fake pesticides, fake veterinary drugs, fake chemical fertilizers,
knowingly selling fake or no longer effective pesticides, veterinary drugs, fertilizers,
seeds, or the producer or seller to substandard pesticides, veterinary drugs , fertilizer,
seeds off qualified pesticides, veterinary drugs, fertilizers, seed, suffered a greater loss
of production, three years imprisonment or criminal detention win in China, on the
road MP3 concurrently or five per cent of the sale amount a fine of more than ten
times; heavy losses of production, three to seven years imprisonment, and impose a
50 percent sales of more than two times the amount of fine; to produce especially
heavy losses, up to seven term imprisonment or life imprisonment, and impose a 50
percent sales of more than two times the amount of a fine or confiscation of property.
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64th Private its legitimate income, housing, household items, tools of production, raw
materials, real estate and personal property ownership.

65th Private legitimate savings, investment and income are protected by law.

State protects by law the personal inheritance and other legal rights.

66th Private lawful property protected by law, prohibit any unit or individual to
occupy, loot, destroy.

67th The state, collective and private law can be invested to establish a limited
liability company, joint stock or other enterprise. State, collective and private
ownership of real or personal property, put into the business by the investors in
accordance with the agreement or the proportion of investment to enjoy capital gains,
major decisions and select managers and other rights and obligations.

68th Where an enterprise legal person of its immovable and movable property in
accordance with laws, administrative regulations and statutes entitled to possess, use,
benefits and rights of action.

Enterprises outside the corporate legal person, its real and personal property rights,
application of relevant laws, administrative regulations and articles of association.

第六 19 social groups of all immovable and movable property shall be protected by
law.
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138th 条 schools or educational and teaching facilities, knowledge is dangerous, not
to take measures or do not timely report, resulting in significant casualties, the person
directly responsible, three years imprisonment or criminal detention; consequences
are particularly serious, three to seven years imprisonment.

139th in violation of fire regulations, notify the supervisory authority by the fire and
refuse to take corrective measures, resulting in serious consequences, the person
directly responsible, three years imprisonment or criminal detention; the
consequences are especially serious, three years more than seven years in prison.


Chapter crimes undermine the socialist market economic order

Section I of production and sale of fake goods Crime
140th 条 producers and sellers of products adulterated or impurities, shoddy or
substandard product off as qualified to products, sale of 50,000 yuan but less than the
amount of 200,000 yuan, a fine two years imprisonment or criminal detention, be
fined not less than two times the sales amount of 50% fine; sales more than satisfied
with the amount of 500,000 yuan million business plan, Lang speech, MBA Case two
to seven years imprisonment, and impose a 50 percent sales of more than two times
the amount of fine; sales amount of 500,000 yuan but less than 2 million yuan, a fine
of seven years imprisonment, and impose a sales amount of 100 a fine of more than
two times per 50; sales over the amount of two million yuan, a fine of fifteen years
imprisonment or life imprisonment, and impose a 50 percent sales of more than two
times the amount of a fine or confiscation of property.

140th of a production, distribution of counterfeit drugs, enough to seriously endanger
human health, term imprisonment or criminal detention, be fined not less than two
times the sales amount of 50% fine; on human health Ren Zhengfei serious harm,
Soros, Shi Yuzhu three to ten years imprisonment and imposed more than two times
the sales amount of 50% fine; to cause death or serious harm to human health in
particular, the department that years imprisonment, life imprisonment or death, and
impose a 50 percent sales of more than two times the amount of a fine or confiscation
of property.

Counterfeit drugs mentioned in this Article, is in accordance with "The
People's Republic of China Drug Administration Law," is as
fake drug treatment, non-drugs.

140th Whoever produces or sells medicines of inferior quality, causing serious harm
to human health, and three to ten years imprisonment, and impose a 50 percent sales
of more than two times the amount of fine; consequences are particularly serious,
term imprisonment or life imprisonment, and impose a 50 percent sales of more than
two times the amount of a fine or confiscation of property.

This alleged inferior quality, is in accordance with "The
People's Republic of China Drug Administration Law," is of
inferior drugs.

140th of three production and sales do not meet hygiene standards of food, enough to
cause serious food poisoning accident or other serious 食源性疾患 of three years of
imprisonment or criminal detention, and impose the amount or percentage of the sale
famous love , life saying, famous quote reading more than two times per 50 fine; on
human health causing serious harm, three to seven years imprisonment, and impose a
50 percent sales of more than two times the amount of fine; consequences particularly
serious, to seven years imprisonment or life imprisonment, and impose a 50 percent
sales of more than two times the amount of a fine or confiscation of property.
140th four in the production and sale of food mixed with toxic and harmful non-food
raw materials, or knowingly sells mixed with toxic and harmful non-food raw
materials, food products, term imprisonment or criminal detention, and Department or
of the sale more than two times the amount of 50% fine; cause serious food poisoning
accident or other serious 食源性疾患, serious harm to human health, and five to ten
years imprisonment, and impose Sales more than two times the amount of a fine of
50%; to cause death or serious harm to human health in particular, in accordance with
the provisions in Article 41 is to be punished.

140th five production does not meet national standards to protect human health, the
industry standard medical equipment, medical materials, or knowingly selling do not
meet national standards to protect human health, the industry standard medical
equipment, medical materials, on cause serious harm to human health, to five years
imprisonment and imposed more than two times the sales amount of 50% fine; the
consequences are especially serious, five to ten years imprisonment, and impose a
percentage of the sale amount more than 50 times the fine, which the circumstances
are especially bad, term imprisonment or life imprisonment, and impose a 50 percent
sales of more than two times the amount of a fine or confiscation of property.

148th production of cosmetics do not meet health standards, or knowingly sells
cosmetics do not meet health standards, resulting in serious consequences, term
imprisonment or criminal detention, and impose, or 50 percent of the sale amount a
fine of more than two times.

149th production, sales 百 of this Section 41 to Chapter 48 products listed, does not
constitute a crime under the article, but the sales amount of five million yuan, in
accordance with this section 140 to be convicted and punished.

Production, sales 百 of this Section 41 to Chapter 48 of products, which constitute
crimes under the same time constitutes a section of the 140th Article of the crime, in
accordance with the provisions of heavier penalties convicted and punished.

150th sections of unit guilty of this section to Article 140th 148th article of the crime,
be sentenced to a fine, and directly in charge and other directly responsible personnel
in accordance with the provisions of the article punishment.

Section smuggling

150th a smuggler of weapons, ammunition, nuclear materials or counterfeit currency,
term imprisonment and a fine or confiscation of property; circumstances are minor,
three to seven years imprisonment, and punishment gold.

National ban on the export of cultural relics smuggling, gold, silver and other precious
metals or country prohibit the import and export of precious animals and their
products than five years imprisonment and a fine; if the circumstances are relatively
minor, five years imprisonment, fine.

Countries ban the import and export smuggling of rare plants and their products of
five years imprisonment, or impose a fine; if the circumstances are serious, more than
five years imprisonment and a fine.

Guilty of the first and second paragraphs of the crime, the circumstances are
especially serious, life imprisonment or death, confiscation of property.

Unit commits the crime specified in this section, be sentenced to a fine, and directly in
charge and other directly responsible personnel shall be punished in accordance with
provisions of this article.

				
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