Chapter V Civil Rights
Section 1 Property Ownership and Related Property Rights
Article 71
"Property ownership" means the owner's rights to lawfully possess,
utilize, profit from and dispose of his property.
Article 72
Property ownership shall not be obtained in violation of the law.
Unless the law stipulates otherwise or the parties concerned have agreed
on other arrangements, the ownership of property obtained by contract or
by other lawful means shall be transferred simultaneously with the
property itself.
Article 73
State property shall be owned by the whole people.
State property is sacred and inviolable, and no organization or individual
shall be allowed to seize, encroach upon, privately divide, retain or
destroy it.
Article 74
Property of collective organizations of the working masses shall be owned
collectively by the working masses. This shall include:
(1) land, forests, mountains, grasslands, unreclaimed land, beaches and
other areas that are stipulated by law to be under collective ownership;
(2) property of collective economic organizations;
(3) collectively owned buildings, reservoirs, farm irrigation facilities
and educational, scientific, cultural, health, sports and other
facilities; and (4) other property that is collectively owned.
Collectively owned land shall be owned collectively by the village
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). Collectively owned property shall be protected by law, and no
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.
State-owned mineral resources may be mined according to law by units under
ownership by the whole people and units under collective ownership;
citizens may also lawfully mine such resources. The state shall protect
lawful mining rights.
The right of citizens and collectives to lawfully contract for the
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.
State-owned mineral resources and waters as well as forest land,
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.
Article 82
Enterprises under ownership by the whole people shall lawfully 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.
Article 83
In the spirit of helping production, making things convenient 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.
Section 2 Creditors' Rights
Article 84
A debt represents a special relationship of rights and obligations