Article 43 Special protections are provided by the state for farm lands, the conversion of farm lands into construction lands is strictly restricted and the aggregate quantity of construction lands is under control. No one may requisition any land owned collectively with violation of the statutory power limit and procedures.
Article 44 For meeting needs of emergent dangers or disasters, it is allowed for one to use the realties or chattels owned by entities and individuals according to the statutory power limit and procedures. Such realties or chattels shall, after the emergent use, be returned to the owners. In case any realty or chattel owned by any entity or individual is used or damaged or lost after being used, corresponding compensation shall be made.
Chapter V State Ownership, Collective Ownership and Private Ownership
Article 45 As regards the properties that shall be owned by the state as provided for by law, they shall be in the ownership of the state, that is, owned by all the people. The State Council shall exercise the ownership of state-owned properties on behalf of the state; in case there is any otherwise provision in any law, such provision shall prevail.
Article 46 Mineral deposits, waters and sea areas shall be in the ownership of the state.
Article 47 Urban lands shall be in the ownership of the state. As regards lands in the rural areas and suburban areas that shall be owned by the state as prescribed by law, they shall be in the ownership of the state.
Article 48 Such natural resources as forests, mountains, grasslands, waste lands and tidal flats shall be in the ownership of the state, except for those that shall be in the ownership of collective as provided for by law.
Article 49 As regards the wildlife resources that shall be owned by the state as provisioned by law, they shall be in the ownership of the state.
Article 50 Radio frequency spectrum resources shall be in the ownership of the state.
Article 51 As regards the cultural relics that shall be owned by the state as provisioned by law, they shall be in the ownership of the state.
Article 52 National defense assets shall be in the ownership of the state. As regards such infrastructures as railways, highways, electric power facilities, telecommunication facilities, and petrol and gas pipelines that shall be owned by the state as provisioned by law, they shall be in the ownership of the state.
Article 53 State organs have the power, in accordance with the laws and the relevant provisions of
the State Council, to possess, utilize and dispose of any realty or chattel directly controlled by them.
Article 54 The public institutions held by the state have the power to possess, utilize, as well as, according to the laws and the relevant provisions of the State Council, seek profits from and dispose of any realty or chattel directly controlled by them.
Article 55 As regards the enterprises set up with the funds invested in by the state, the State Council and the local people's governments shall perform and enjoy the contributor's duties as well as rights and interests on behalf of the state in accordance with the relevant laws and administrative regulations.
Article 56 The state-owned properties shall be protected by law, and no entity or individual may encroach, plunder, privately distribute, hold back or damage them.
Article 57 The institutions and working personnel thereof in charge of performing the duties of managing and supervising state-owned assets shall, according to law, strengthen the management and supervision of state-owned assets so as to promote the value maintenance and appreciation prevent the losses thereof; in case any entity or individual causes any loss of state-owned assets by misusing authority or neglecting duty, it/he shall assume legal liabilities in accordance with law. In case any entity or individual, in the process of enterprise restructuring, merger, division or affiliated transactions, causes losses of state-owned assets by way of transferring at a low price, conspiring to distribute them secretly, providing guarantee with them without authorization or any other way with violation of the provisions on the management of state-owned assets, it/he shall assume legal liabilities in accordance with law.
Article 58 The collectively-owned realties and chattels shall contain: (1) Lands, forests, mountains, grasslands, wastelands and tidal flats that shall be in the ownership of collective as provided for by law; (2) Buildings, production facilities, farmland, and water conservancy facilities that are in the ownership of collective; (3) Facilities for education, science, culture, sanitation and sports, etc that are in the ownership of collective; (4) Other realties and chattels that are in the ownership of collective.
Article 59 The realties and chattels that are in the ownership of a farmers' collective shall be collectively owned by all the members of this collective. The following issues shall be determined by the members of the collective according to the statutory procedures: (1) land contracting plan and whether to contract out a land to an entity or individual not included in the collective; (2) adjustment of the contracted lands among the right holders of the contracted management of land; (3) methods for using and distributing such fees as land compensation fees; (4) the alteration of ownership or any other related issue of an enterprise set up with the funds invested in by the collective; and (5) other issues provided for by any law.
Article 60 As regards any collectively-owned land, forest, mountain, grassland, wasteland or tidal flat, the ownership thereof shall be exercised according to the provisions as follows: (1) In case it
is owned by a farmers' collective of a village, a collective economic organization or the villagers' committee of the village shall exercise the ownership on behalf of the collective; (2) In case it is owned by two farmers' collectives or more, all the collective economic organizations or villagers' groups of the village shall exercise the ownership on behalf of the collective; and (3) In case it is owned by a farmers' collective of a town, a collective economic organization of the town shall exercise the ownership on behalf of the collective.
Article 61 As regards any realty or chattel owned by an urban collective, this urban collective has the rights to possess, use, seek profits from and dispose of it according to the related laws and administrative regulations.
Article 62 The collective economic organization, villager's committee or villagers' group shall, in accordance with the relevant laws, administrative regulations, articles of association and village regulations and villagers' pledges, publicize the situation of the properties owned by a collective to the members of the collective.
Article 63 Collectively-owned properties shall be protected by law, and any entity or individual may not encroach, plunder, privately distribute, hold back or destroy them. Where the legitimate rights and interests of any member of the collective are infringed upon by any decision made by a collective economic organization, villagers' committee or the principle thereof, such member may require the people's court to cancel the decision.
Article 64 An individual has the right to own his legal income, premise, household goods, production instruments, raw materials as well as other realties and chattels.
Article 65 The legal savings, investments and the proceeds therefrom of an individual shall be protected by law. An individual's right of inheritance as well as other legal rights and interests shall be protected by the state in accordance with law.
Article 66 An individual's legal properties shall be protected by law, any entity or individual may not encroach, plunder or destroy them.
Article 67 The state, any collective or individual may invest to set up a limited liability company, a company limited by shares or any other form of enterprise. In case the state, a collective or an individual invest the realties or chattels it owns in an enterprise, the contributor shall, in accordance with the agreement or on the basis of his proportion of investment, enjoy rights such as obtaining asset returns, making important decisions and selecting operators and managers and perform their duties.
Article 68 In accordance with the laws, administrative regulations and its articles of association, An enterprise legal person is entitled to possess, utilize, seek profits from and dispose of any realty or chattel it owns. As regards the rights over the realties and chattels owned by a legal person other than an enterprise legal person, the provisions of the related laws, administrative regulations and its articles of associations shall apply.
Article 69 The realties and chattels owned by social organizations in accordance with law shall be protected by law.
Chapter VI Owners' Partitioned Ownership of Building Areas
Article 70 As regards such exclusive parts within the buildings as the residential houses or the houses used for business purposes, an owner shall enjoy the ownership thereof, while as regards the common parts other than the exclusive parts, the owner shall have common ownership and the common management right thereof.
Article 71 An owner is entitled to possess utilize, seek profits from and dispose of the exclusive parts of the building. Any owner may not endanger the safety of the building or infringe upon the lawful rights and interests of any other owner when exercising his or its rights.
Article 72 An owner enjoys the rights and assumes the obligations over the common parts other than the exclusive parts of the building, and may not reject performing the obligations under the pretext of abandoning rights. In case an owner alienates his residential house or the house used for business purposes within the building, the common ownership and the common management right enjoyed by him/her over the common parts shall be alienated at the same time.
Article 73 The roads within the building zone, except for the public roads of cities and towns, shall be commonly owned by the owners. The green lands within the building area, except for the public green lands of cities and towns or those which are definitely ascribed to individuals, shall be commonly owned by all the owners. The other public places, common facilities and houses used for realty services within the building zone shall be commonly owned by all the owners.
Article 74 The parking places and garages within the building area planned for parking cars shall be used to meet the needs of the owners above all else. The ownership of the parking places and garages shall be agreed upon by the related parties in the manners of selling, complementary using or leasing, etc. The parking places, which occupy the roads or other fields commonly owned by all owners, shall be in the common ownership of all the owners.
Article 75 The owners may set up an owners' assembly and vote for an owners' committee. For the establishment of the owners' assembly and the vote of the owners' committee, the related departments under the local people's governments shall provide guidance and assistance.
Article 76 The following matters shall be commonly determined by all owners: (1) to formulate and revise the rules of procedure for the owners' assembly; (2) to formulate and revise the stipulations on managing the building and affiliated facilities thereof; (3) to vote for the owners' committee or alter the members thereof t; (4) to hire or fire the realty service enterprise or any other manager; (5) to raise or use the funds for maintaining the building and affiliated facilities
thereof; (6) to rebuild the building or any of its affiliated facilities; (7) other important matters on the common ownership and the common management right. For making a decision on matters prescribed in Item (5) or (6) of the preceding paragraph, the consent of the 2/3 or more of the total owners with exclusive parts accounting for 2/3 or more of the total area of the building shall be obtained. For making a decision on any other issue prescribed in the preceding paragraph, the consent of half of the total owners with exclusive parts accounting for half of the total area of the building shall be obtained.
Article 77 Any owner may not alter a residential house into a house used for business purposes with violation of any law, regulation or management stipulation. An owner shall, when changing a residential house into a house used for business purposes, obtain the consent of the interested owners, in addition to complying with the laws, regulations and management stipulations.
Article 78 Decisions made by the owners' assembly or the owners' committee are binding to each owner. In case the legitimate rights and interests of any owner has been injured by any decision made by the owners' assembly or the owners' committee, the injured owner may require the people's court to cancel the decision.
Article 79 The funds for maintaining a building and affiliated facilities thereof shall be commonly owned by the owners of the building. The funds may, upon the codetermination of the owners, be used for maintaining such common parts as elevators and water tanks. The circumstance about the raise and use of the maintenance funds shall be released to the owners.
Article 80 As regards such matters as the expenses allocation and the proceeds distribution of a building or any of its affiliated facilities, in case there exists any stipulation for these, such stipulation shall apply; in the case of no stipulation or unclear stipulation, these matters shall be determined in accordance with the proportion of each owner's exclusive parts to the total area of the building.
Article 81 The owners of a building may manage the building and affiliated facilities thereof by themselves or they may entrust a realty service enterprise or any other manager to conduct the management. As regards the realty service enterprise or any other manager hired by the construction entity, the owners are entitled to alter it in accordance with law.
Article 82 The realty service enterprise or any other manager shall, upon the strength of the owners' entrustment, manage the building and affiliated facilities thereof within the building area and accept the owners' supervision.
Article 83 The owners shall comply with the laws, regulations and management stipulations. As regards any act infringing upon the lawful rights and interests of other persons, such as discarding wastes at will, discharging atmospheric pollutants and noise, breeding animals with violation of the related regulations, illegally building shelters, occupying passages or rejecting paying realty management fees, etc, the owners' assembly and the owners' committee have the right, in accordance with the relevant laws, regulations and management stipulations, to request the actor