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1、中华人民共和国民法通则(英文 转载)GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLES REPUBLIC OF CHINAImportant Notice: (注意事项)英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的中华人民共和国涉外法规汇编(1991年7月版).当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.This English document is coming from LAWS AND REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA GOVERNING FOREIG
2、N-RELATED MATTERS (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the Peoples Republic of China, and is published by the China Legal System Publishing House. In case of discrepancy, the original version in Chinese shall prevail.Whole Document (法规全文)GENERAL PRI
3、NCIPLES OF THE CIVIL LAW OF THE PEOPLES REPUBLIC OF CHINA(Adopted at the Fourth Session of the Sixth National Peoples Congress, promulgated by Order No. 37 of the President of the Peoples Republic of China on April 12, 1986, and effective as of January 1, 1987)ContentsChapter I Basic PrinciplesChapt
4、er II Citizen (Natural Person)Section 1 Capacity for Civil Rights and Capacity for Civil ConductSection 2 GuardianshipSection 3 Declarations of Missing Persons and DeathSection 4 Individual Businesses and Lease holding Farm HouseholdsSection 5 Individual PartnershipChapter III Legal PersonsSection 1
5、 General StipulationsSection 2 Enterprise as Legal PersonSection 3 Official Organ, Institution and Social Organization as Legal PersonsSection 4 Economic AssociationChapter IV Civil Juristic Acts and AgencySection 1 Civil Juristic ActsSection 2 AgencyChapter V Civil RightsSection 1 Property Ownershi
6、p and Related Property RightsSection 2 Creditors RightsSection 3 Intellectual Property RightsSection 4 Personal RightsChapter VI Civil LiabilitySection 1 General StipulationsSection 2 Civil Liability for Breach of ContractSection 3 Civil Liability for Infringement of RightsSection 4 Methods of Beari
7、ng Civil LiabilityChapter VII Limitation of ActionChapter VIII Application of Law in Civil Relations with ForeignersChapter IX Supplementary ProvisionsChapter I Basic PrinciplesArticle 1This Law is formulated in accordance with the Constitution and the actual situation in our country, drawing upon o
8、ur practical experience in civil activities, for the purpose of protecting the lawful civil rights and interests of citizens and legal persons and correctly adjusting civil relations, so as to meet the needs of the developing socialist modernization.Article 2The Civil Law of the Peoples Republic of
9、China shall adjust property relationships and personal relationships between civil subjects with equal status, that is, between citizens, between legal persons and between citizens and legal persons.Article 3Parties to a civil activity shall have equal status.Article 4In civil activities, the princi
10、ples of voluntariness, fairness, making compensation for equal value, honesty and credibility shall be observed.Article 5The lawful civil rights and interests of citizens and legal persons shall be protected by law; no organization or individual may infringe upon them.Article 6Civil activities must
11、be in compliance with the law; where there are no relevant provisions in the law, they shall be in compliance with state policies.Article 7Civil activities shall have respect for social ethics and shall not harm the public interest, ugogoocial economic order.Article 8The law of the Peoples Republic
12、of China shall apply to civil activities within the Peoples Republic of China, except as otherwise stipulated by law.The stipulations of this Law as regards citizens shall apply to foreigners and stateless persons within the Peoples Republic of China, except as otherwise stipulated by law.Chapter II
13、 Citizen (Natural Person)Section 1 Capacity for Civil Rights and Capacity for Civil Conduct.Article 9A citizen shall have the capacity for civil rights from birth to death and shall enjoy civil rights and assume civil obligations in accordance with the law.Article 10All citizens are equal as regards
14、 their capacity for civil rights.Article 11A citizen aged 18 or over shall be an adult. He shall have full capacity for civil conduct, may independently engage in civil activities and shall be called a person with full capacity for civil conduct.A citizen who has reached the age of 16 but not the ag
15、e of 18 and whose main source of income is his own labour shall be regarded as a person with full capacity for civil conduct.Article 12A minor aged 10 or over shall be a person with limited capacity for civil conduct and may engage in civil activities appropriate to his age agogohall be represented
16、by his agent ad litem or participate with the consent of his agent ad litem.A minor under the age of 10 shall be a person having no capacity for civil conduct agogo agent ad litem.Article 13A mentally ill person who is unable to account for his own conduct shall be a person having no capacity for civil conduct agogo agent ad litem.
