Civil Code of the People's Republic of China.

This legislative text lays down China’s first-ever Civil Code. According to article 1, the purpose of this codification is to protect the lawful rights and interests of civil entities, adjust civil relations, preserve social and economic order, adapt to the demands of developing socialism with Chinese characteristics, and promote the core socialist values. The Code was adopted on 28 May 2020 and enters into force on January 1, 2021. This new Civil Code is an amalgamation of the existing civil and tort related laws and regulations as well as certain judicial interpretations issued by the Supreme People’s Court. Upon its coming into effect, the Civil Law General Principles, Civil Law General Rules, Contract Law, Property Ownership Law, Torts Law, Marriage Law, Inheritance Law, Adoption Law and Guarantee Law are repealed.
The Code consists of 1260 articles, divided in eight Parts: 1) General part (general principles and provisions of the Civil Code; 2) Property rights (Ownership, usufructs and security interest over real property and personal property); 3) Contracts; 4) Personality rights (life, body, and health rights; name and title rights; portrait rights; rights of reputation and honor; and privacy right); 5) Marriage and family ; 6) Inheritance; 7) Tort liability; 8) Supplementary provisions. Among other topics, the General Part prescribes rules on the three types of civil entities (natural persons, legal persons and unincorporated organizations), and on civil liabilities. Concerning legal persons, specific provisions regulate the recognition of rural collective economic organizations and rural cooperatives (arts. 96, 99 and 100).
PROPERTY AND REAL RIGHTS. The Part on property rights is based on the previous Property Law and Security Law. It addresses the rights over things, which the General Part defines as real property (or immovables) and personal property (or movables) (art. 115). This Part is organized in five subparts. Subpart I lays down general rules of property law, including provisions on real property registration and the types or relief available when rights in rem are infringed upon. Subparts II to IV each addresses one of the three broad categories of real rights: ownership, usufructs, and security interest. Ownership is defined as a property owner’s right to possess, use, benefit from, and dispose of his/her own property (art. 240). Subpart II addresses expropriations and requisitions, as well as State, collective, and private ownership. Article 246 makes reference to the State ownership : property that the law provides is State-owned is owned by the State, that is, by all citizens; the State Council exercises ownership of State-owned property on behalf of the State. Subpart III stipulates that a usufruct is one person’s right to possess, use, or benefit from another’s property (art. 323). Detailed rules on five types of usufructs are laid down: right to land contractual management; right to the use of land for construction; right to the use of house sites (or rural residents’ right to use land to build homes); right of habitation; and easements. Subpart V governs possession, a legal fact (but not a property right) that enjoys some legal protections.
CONTRACTS AND OBLIGATIONS. The Part on Contracts in based on the Contracts Law and includes many new provisions. This Part is divided into three subparts. Subpart I prescribes general rules on contracts and to all sources of obligations. Subpart II sets forth more detailed rules for nineteen types of “typical contracts,” including sales contracts and leasing. Subpart III on usufructs (under Part 2 on property rights) lays down special provisions regulating land contractual management. The rural collective economic organizations apply the dual operation system characterized by the combination of centralized operation with decentralized operation on the basis of operation by households under a contract (art. 330). Article 331 specifies rights from land contractual management rights (rights over the cultivated land, forest land, and grassland). The contractor has the right to possess, use and profit, as well as engage in agricultural production such as plantation, forestry and animal husbandry. Article 333 provides for the registration of land contract management rights.
INHERITANCE. This Part has four chapters. Chapter I prescribes general rules; Chapter II governs intestate succession (see art. 1154) and provides for the line of inheritance (art. 1127) and rules for distributing the estate among heirs of the same order; Chapter III covers testamentary succession and bequeathal; Chapter IV governs the disposition of the estate, including rules on the division of estates.
LAND. Regarding ownership of land, article 249 distinguishes between urban land and, on the other hand, rural and suburban land. As a general rule, urban land is owned by the State, whereas rural and suburban land is owned by the State if it is so provided by law. Article 244 aims at preserving cultivatable land: «The State implements special protection of cultivated land, strictly limiting the transformation of land used for farming into land used for construction, and controlling the total amount of construction land. Collectively owned land must not be expropriated in violation of the legally provided scope of authority and procedures.» Article 261 regards property collectively-owned by rural residents. In this case, the property is exercised by the members of the rural collectivity, who will also decide collectively on the major matters, including: adjustment of contracted land among individual land contractual management right holders; methods for the use and distribution of land compensation fees and other expenses; matters such as changes in ownership of collectively funded enterprises (article 261, paragraph 2).
ENVIRONMENT. Part VII of the Civil Code deals with tort liability. A tort is an infringement of another’s civil right (other than under a contract) that leads to civil liability, including both fault-based liability (for intentional torts and negligence) and non-fault-based (or strict) liability (arts. 1165–1166). Regarding environmental damages, it is worth mentioning Chapter VII of Part 7: Liability for Environmental Pollution and Ecological Destruction. This Chapter (arts. 1229-1235) concerns environmental damage and provides for the applicable liability rules, the defenses available to alleged tortfeasors and the burden of proof. Article 1234 defines the responsibility for ecological restoration: where violations of State provisions cause harm to the environment and ecology, and ecological restoration is possible, the organs provided for by the State, or the organizations provided for by law have the right to demand the tortfeasor bear responsibility for restoration within a reasonable period of time. Where the tortfeasor fails to conduct restoration within the time period, the organs provided for by the State or the organizations provided for by law may conduct the restoration themselves or by retaining others, and the necessary expenses are to be borne by the tortfeasor. Furthermore, Chapter VIII of Part VII refers to responsibility for ultrahazards, including harm caused by civil nuclear facilities or materials (art. 1237). Concerning environmental protection, it should be noted that article 9 (under Part 1 on General principles) sets forth the «Green Principle»: civil entities engaging in civil activities shall benefit conservation of resources and protection of the ecology and environment.
OWNERSHIP OF NATURAL RESOURCES. Article 250 stipulates that forests, mountains, grasslands, unreclaimed land, beaches, and other natural resources are owned by the State, except those owned by the collectives as prescribed by law. A similar provision is set out in article 251 as to wild fauna and flora: as a general rule, wild fauna and flora are owned by the State.
WATER. Waterways and sea areas are owned by the State (art. 247). As to water supply, special provisions regulate contracts for the provision of water, as well as electricity and gas (see arts. 648-656).
ENERGY AND MINERAL RESOURCES. Mineral deposits are owned by the State (art. 247).
DISASTERS AND EMERGENCIES. The Code covers disasters and emergency situations, including epidemics. It recognizes epidemic prevention and control as a ground for emergency requisitions : «Where due to urgent needs such as for emergency rescue and disaster relief or epidemic prevention and control, the real estate or chattel of organizations and individuals may be requisitioned in accordance with the scope of authority and procedures prescribed by law. After the expropriated real estate or chattel is used, it shall be returned. Where organizations' and individuals' real estate or chattel is expropriated or is damaged or used up after expropriation, they shall be given compensation.» (art. 245). Reference to disasters and emergencies (including epidemics) is made also in matter of conclusion of contracts, in particular as regards contracts concluded for State purchase orders or commands, where such conclusion is based upon the need of disaster relief or epidemic prevention and control (art. 494).