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乌鲁木齐市畜禽屠宰和肉品流通管理暂行办法

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乌鲁木齐市畜禽屠宰和肉品流通管理暂行办法

新疆维吾尔自治区乌鲁木齐市人民政府


乌鲁木齐市畜禽屠宰和肉品流通管理暂行办法

(2005年6月2日市人民政府第26次常务会议通过,2005年7月25日乌鲁木齐市人民政府令第67号,自2005年8月25日起施行)


第一章 总则


  第一条 为加强畜禽屠宰和肉品流通管理,保证肉品质量,保障人体健康,维护消费者合法权益,根据有关法律、法规,结合本市实际,制定本办法。


  第二条 在本市行政区域内从事畜禽屠宰和肉品销售、加工、使用、贮存、运输的单位和个人,均应遵守本办法。


  第三条 本办法所称畜禽是指活的牛、羊、猪、鸡。
  本办法所称肉品是指屠宰畜禽的胴体、脏器及其分割产品。


  第四条 市人民政府商务行政主管部门负责畜禽屠宰和肉品流通的监督管理工作。
  农牧、卫生、工商、公安、质量技术监督、环境保护、民族宗教等部门应按照各自职责,协同做好畜禽屠宰和肉品流通管理工作。


  第五条 畜禽屠宰实行定点屠宰、集中检疫的原则。


  第六条 屠宰专供食用清真食品民族食用的畜禽及销售清真肉品,按照有关清真食品的管理规定执行。


  第七条 鼓励和支持畜禽定点屠宰厂(场)试行规模化、机械化屠宰;鼓励在市区设立肉品零售经营场所,实行肉品分割、包装销售。

第二章 屠宰管理





  第八条 畜禽屠宰应在依法设立的畜禽定点屠宰厂(场)进行。


  第九条 市商务行政主管部门应按照合理布局、保护环境、便于检疫和管理的原则会同有关部门编制畜禽定点屠宰厂(场)设置方案,报市人民政府批准后组织实施。


  第十条 畜禽定点屠宰厂(场)的设置应符合畜禽定点屠宰厂(场)设置方案。对不符合设置方案要求设置的,有关部门不得办理相关手续。


  第十一条 畜禽定点屠宰厂(场)应当具备下列条件:
  (一)有与屠宰规模相适应,水质符合规定标准的水源条件;
  (二)有符合规定要求的待宰间、屠宰间、急宰间以及畜禽屠宰设备和运载工具;
  (三)有取得健康证明的屠宰技术人员;
  (四)有经考核合格并与屠宰规模相适应的肉品品质检验人员;
  (五)有必要的检验设备、消毒设施和消毒药品及污染物处理设施;
  (六)有畜禽及畜禽产品无害化处理设施;
  (七)有符合动物防疫法规定的防疫条件。


  第十二条 经批准设置的畜禽定点屠宰厂(场),由市人民政府核发《屠宰经营许可证》和定点屠宰标志牌。
  畜禽定点屠宰厂(场)取得《屠宰经营许可证》并依法办理有关手续后,方可从事畜禽屠宰经营活动。


  第十三条 未经批准,不得擅自设置畜禽屠宰厂(场)。
  禁止伪造、涂改、买卖、租用、转借《屠宰许可证》和定点屠宰标志牌。


  第十四条 畜禽定点屠宰厂(场)屠宰、加工畜禽应当遵守下列规定:
  (一)收购的畜禽应有动物防疫监督机构出具的产地检疫证明或标识;
  (二)实行屠宰宰前待宰制度;
  (三)按照屠宰、加工工艺流程和卫生防疫规定进行;
  (四)按规定进行同步检验;
  (五)肉品符合国家产品质量标准;
  (六)病、死畜禽和不合格的肉品按规定进行处理。


  第十五条 畜禽定点屠宰厂(场)应当建立肉品品质检验管理制度,对肉品品质检验结果及其处理情况进行登记。
  肉品品质检验应当包括下列内容:
  (一)除传染性疾病和寄生虫病以外的疾病;
  (二)有害腺体;
  (三)屠宰加工质量;
  (四)注水或者注入其他物质;
  (五)有害物质;
  (六)种畜及晚阉畜。


  第十六条 经肉品品质检验合格的畜禽产品,由畜禽定点屠宰厂(场)加盖肉品品质检验合格验讫印章或标识后,方可出厂(场)。


  第十七条 畜禽定点屠宰厂(场)及畜禽、肉品经营者不得对畜禽及其产品注水或者注入其他物质。


  第十八条 任何单位和个人不得为擅自屠宰畜禽提供场所。

第三章 肉品流通管理





  第十九条 肉品的批发经营应当在经批准的畜禽定点屠宰厂(场)内进行。
  牛肉、羊肉、猪肉等肉品和未清洗的动物内脏不得在中心城区批发。
  在中心城区设立的肉品零售经营场所经营面积不得超过100平方米。


  第二十条 禁止销售未经检疫、检验或检疫、检验不合格的肉品。


  第二十一条 肉品销售、加工者和餐饮经营者应当建立肉品购销登记制度。


  第二十二条 肉品冷藏经营者应当建立肉品贮存登记制度。


  第二十三条 肉品的运输应当使用符合规定的运输工具,不得敞运。

第四章 法律责任





  第二十四条 违反本办法规定,未经定点,擅自屠宰畜禽的,由市商务行政主管部门予以取缔,并由市商务行政主管部门会同有关部门没收非法屠宰的畜禽产品和违法所得,可以并处违法经营额3倍以下的罚款。


  第二十五条 畜禽定点屠宰厂(场)违反本办法第十四条规定的,由市商务行政主管部门责令限期改正;逾期拒不改正的,可处违法所得1倍以上3倍以下的罚款,但最高不得超过3万元。


  第二十六条 违反本办法规定,畜禽定点屠宰厂(场)出厂(场)未经肉品品质检验或者经肉品品质检验不合格的肉品的,由市商务行政主管部门没收肉品和违法所得,可以并处违法经营额1倍以下的罚款。
  市场销售的肉品未经肉品品质检验或者经肉品品质检验不合格的,由卫生、工商、商务等有关部门按照各自职责分工,对负有责任的生产者、销售者依法给予处罚。


  第二十七条 违反本办法规定,畜禽定点屠宰厂(场)对畜禽、肉品注水或者注入其他物质的,由市商务行政主管部门责令停止屠宰活动,没收注水或者注入其他物质的畜禽、肉品和违法所得,可以并处违法经营额1倍以上5倍以下的罚款;情节严重的,经市人民政府批准,取消定点屠宰厂(场)资格。
  市场销售的肉品是注水或者注入其他物质的,由卫生、工商等有关部门按照各自职责分工,对负有责任的生产者、销售者依照前款规定处罚。


  第二十八条 违反本办法规定,有下列情形之一的,由市商务行政主管部门处以违法所得1倍以上3倍以下的罚款,但最高不得超过3万元:
  (一)擅自设立肉品批发经营场所的;
  (二)在畜禽定点屠宰厂(场)外从事肉品批发经营活动的;
  (三)畜禽经营者对畜禽注水或者注入其他物质的;
  (四)敞运肉品的;
  (五)肉品运输工具不符合有关规定的。


  第二十九条 违反本办法规定,造成严重后果,构成犯罪的,依法追究刑事责任。


  第三十条 当事人对行政处罚决定不服的,可以依法申请行政复议或者提起行政诉讼。


  第三十一条 拒绝、阻碍行政执法人员依法执行公务的,由公安机关依法予以处罚;构成犯罪的,依法追究刑事责任。


  第三十二条 商务行政主管部门工作人员玩忽职守、滥用职权、徇私舞弊的,由其所在单位或者上级机关给予行政处分;构成犯罪的,依法追究刑事责任。

第五章 附则




  第三十三条 偏远地区和农贸市场内的畜禽屠宰服务点的设置与管理,参照本办法。


  第三十四条 本办法自2005年8月25日起施行。

上海市中外合资经营企业、中外合作经营企业、外资企业的申请和审批规定

上海市人大常委会


上海市中外合资经营企业、中外合作经营企业、外资企业的申请和审批规定
上海市人大常委会



(1986年6月20日上海市第八届人民代表大会常务委员会第二十二次会议通过 1986年7月11日公布 1986年8月1日起施行)

目 录

第一章 总 则
第二章 设立中外合资经营企业
第一节 编报项目建议书
第二节 编报可行性研究报告及合同、章程
第三节 申请颁发批准证书
第三章 设立中外合作经营企业
第四章 设立外资企业
第五章 附 则

第一章 总 则
第一条 为了扩大对外经济合作与技术交流,便于中外投资者在上海市设立中外合资经营企业、中外合作经营企业和外资企业,根据国家有关法律、法规,结合上海市的实际情况,特制定本规定。
第二条 中外投资者应根据上海市吸收外资和引进技术的方向和规划,选定投资项目。
第三条 在上海市申请设立中外合资经营企业、中外合作经营企业和外资企业,除国家规定由国务院主管部门审批的项目外,均由上海市对外经济贸易委员会(以下简称市对外经贸委)审批。

第二章 设立中外合资经营企业^ 第一节 编报项目建议书
第四条 中方或外方投资者可以通过市对外经贸委批准的对外咨询、代理机构介绍或直接选择合资者,在了解各合资者的业务范围和资信状况后,确定合作意向。
第五条 中外投资者确定合作意向后,应对合资经营项目进行初步可行性研究,由中方投资者编写项目建议书,报送主管局或区、县人民政府签署意见后,转报市对外经贸委审核。市对外经贸委应在接到项目建议书之日起三十天内决定批准或不批准。
第六条 在项目建议书批准前,中外双方不得签署任何有约束性的文件。
第七条 中外合资经营项目有两个或两个以上中方投资者,并隶属于两个或两个以上主管部门的,由市对外经贸委指定一个部门为项目的主管部门。
第八条 项目建议书批准后有效期为一年。需要延长有效期的,应在期满前一个月向审批机构提出申请报告,延长的有效期不得超过半年。逾期不办理延长手续的,项目建议书自行失效。

第二章 设立中外合资经营企业^ 第二节 编报可行性研究报告及合同、章程
第九条 项目建议书经批准后,中外投资者应对合资经营项目作进一步可行性研究,具体落实有关资金、场地、设备、原材料、销售、劳动工资、外汇平衡以及基础设施配套等事项,并取得有关部门的签署意见。
第十条 中外投资者共同编制可行性研究报告,签订合同、章程后,由中方投资者报主管局或区、县人民政府签署意见,转报市对外经贸委审批。市对外经贸委应在接到可行性研究报告和合同、章程之日起三十天内决定批准或不批准。

第二章 设立中外合资经营企业^ 第三节 申请颁发批准证书
第十一条 中外投资者申请颁发批准证书,可由中方投资者提出申请报告,报市对外经贸委审核。申请报告应附下列文件:
(一)中外投资者的合法证明;
(二)批准的项目建议书;
(三)批准的可行性研究报告、合同和章程(包括授权书);
(四)董事会和高级管理人员的人选名单。
第十二条 市对外经贸委应在接到申请报告之日起十天内颁发批准证书。

第三章 设立中外合作经营企业
第十三条 设立中外合作经营企业的申请和审批,参照本条例第二章有关条款办理。

第四章 设立外资企业
第十四条 外国投资者设立外资企业,应委托市对外经贸委批准的对外咨询、代理机构办理申请和报批等事项。
第十五条 项目建议书由市对外经贸委初审后,转报国务院主管部门审批。
第十六条 项目建议书经批准后,外国投资者应参照本规定第九条、第十一条的要求,向市对外经贸委递交有关文件,由市对外经贸委转报国务院主管部门审批、颁发批准证书。

第五章 附 则
第十七条 中外投资者领取批准证书后,凭批准证书在三十天内向市工商行政管理机关办理工商登记,领取营业执照。

营业执照签发日期为该企业的成立日期。
第十八条 合同、章程凡有外文文本的,应同时报送。审批以中文文本为准。
第十九条 项目建议书、可行性研究报告的具体要求及格式,由市对外经贸委规定。
第二十条 本规定亦适用于华侨和香港、澳门的投资者。
第二十一条 本规定的具体应用由市对外经贸委进行解释。
第二十二条 本规定经上海市人民代表大会常务委员会通过,自1986年8月1日起施行。



1986年7月11日

GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE'S REPUBLIC OF CHINA ——附加英文版

The National People's Congress


GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Adopted at the Fourth Session of the Sixth National People's
Congress, promulgated by Order No. 37 of the President of the People's
Republic of China on April 12, 1986, and effective as of January 1, 1987)

Contents
Chapter I Basic Principles
Chapter II Citizen (Natural Person)
Section 1 Capacity for Civil Rights and Capacity for Civil
Conduct
Section 2 Guardianship
Section 3 Declarations of Missing Persons and Death
Section 4 Individual Businesses and Leaseholding Farm
Households
Section 5 Individual Partnership
Chapter III Legal Persons
Section 1 General Stipulations
Section 2 Enterprise as Legal Person
Section 3 Official Organ, Institution and Social
Organization as Legal Persons
Section 4 Economic Association
Chapter IV Civil Juristic Acts and Agency
Section 1 Civil Juristic Acts
Section 2 Agency
Chapter V Civil Rights
Section 1 Property Ownership and Related Property Rights
Section 2 Creditors' Rights
Section 3 Intellectual Property Rights
Section 4 Personal Rights
Chapter VI Civil Liability
Section 1 General Stipulations
Section 2 Civil Liability for Breach of Contract
Section 3 Civil Liability for Infringement of Rights
Section 4 Methods of Bearing Civil Liability
Chapter VII Limitation of Action
Chapter VIII Application of Law in Civil Relations with Foreigners
Chapter IX Supplementary Provisions

Chapter I Basic Principles
Article 1
This Law is formulated in accordance with the Constitution and the actual
situation in our country, drawing upon our 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 2
The Civil Law of the People's Republic of 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 3
Parties to a civil activity shall have equal status.
Article 4
In civil activities, the principles of voluntariness, fairness, making
compensation for equal value, honesty and credibility shall be observed.
Article 5
The lawful civil rights and interests of citizens and legal persons shall
be protected by law; no organization or individual may infringe upon them.
Article 6
Civil activities must be in compliance with the law; where there are no
relevant provisions in the law, they shall be in compliance with state
policies.
Article 7
Civil activities shall have respect for social ethics and shall not harm
the public interest, undermine state economic plans or disrupt social
economic order.
Article 8
The law of the People's Republic of China shall apply to civil activities
within the People's 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 People's Republic of China, except as
otherwise stipulated by law.

Chapter II Citizen (Natural Person)
Section 1 Capacity for Civil Rights and Capacity for Civil Conduct.
Article 9
A 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 10
All citizens are equal as regards their capacity for civil rights.
Article 11
A 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 age 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 12
A 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 and
intellect; in other civil activities, he shall be represented 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 and shall be represented in civil activities by his agent ad
litem.
Article 13
A mentally ill person who is unable to account for his own conduct shall
be a person having no capacity for civil conduct and shall be represented
in civil activities by his agent ad litem.
A mentally ill person who is unable to fully account for his own conduct
shall be a person with limited capacity for civil conduct and may engage
in civil activities appropriate to his mental health; in other civil
activities, he shall be represented by his agent ad litem or participate
with the consent of his agent ad litem.
Article 14
The guardian of a person without or with limited capacity for civil
conduct shall be his agent ad litem.
Article 15
The domicile of a citizen shall be the place where his residence is
registered; if his habitual residence is not the same as his domicile, his
habitual residence shall be regarded as his domicile.
Section 2 Guardianship
Article 16
The parents of a minor shall be his guardians.
If the parents of a minor are dead or lack the competence to be his
guardian, a person from the following categories who has the competence to
be a guardian shall act as his guardian:
(1) paternal or maternal grandparent;
(2) elder brother or sister; or
(3) any other closely connected relative or friend willing to bear the
responsibility of guardianship and having approval from the units of the
minor's parents or from the neighbourhood or village committee in the
place of the minor's residence. In case of a dispute over guardianship,
the units of the minor's parents or the neighbourhood or village committee
in the place of his residence shall appoint a guardian from among the
minor's near relatives. If disagreement over the appointment leads to a
lawsuit, the people's court shall make a ruling.
If none of the persons listed in the first two paragraphs of this article
is available to be the guardian, the units of the minor's parents, the
neighbourhood or village committee in the place of the minor's residence
or the civil affairs department shall act as his guardian.
Article 17
A person from the following categories shall act as guardian for a
mentally ill person without or with limited capacity for civil conduct:
(1) spouse;
(2) parent;
(3) adult child;
(4) any other near relative;
(5) any other closely connected relative or friend willing to bear the
responsibility of guardianship and having approval from the unit to which
the mentally ill person belongs or from the neighbourhood or village
committee in the place of his residence. In case of a dispute over
guardianship, the unit to which the mentally ill person belongs or the
neighbourhood or village committee in the place of his residence shall
appoint a guardian from among his near relatives. If disagreement over the
appointment leads to a lawsuit, the people's court shall make a ruling.
If none of the persons listed in the first paragraph of this article is
available to be the guardian, the unit to which the mentally ill person
belongs, the neighbourhood or village committee in the place of his
residence or the civil affairs department shall act as his guardian.
Article 18
A guardian shall fulfil his duty of guardianship and protect the person,
property and other lawful rights and interests of his ward. A guardian
shall not handle the property of his ward unless it is in the ward's
interests.
A guardian's rights to fulfil his guardianship in accordance with the law
shall be protected by law.
If a guardian does not fulfil his duties as guardian or infringes upon the
lawful rights and interests of his ward, he shall be held responsible; if
a guardian causes any property loss for his ward, he shall compensate for
such loss. The people's court may disqualify a guardian based on the
application of a concerned party or unit.
Article 19
A person who shares interests with a mental patient may apply to a
people's court for a declaration that the mental patient is a person
without or with limited capacity for civil conduct.
With the recovery of the health of a person who has been declared by a
people's court to be without or with limited capacity for civil conduct,
and upon his own application or that of an interested person, the people's
court may declare him to be a person with limited or full capacity for
civil conduct.
Section 3 Declarations of Missing Persons and Death
Article 20
If a citizen's whereabouts have been unknown for two years, an interested
person may apply to a people's court for a declaration of the citizen as
missing.
If a person's whereabouts become unknown during a war, the calculation of
the time period in which his whereabouts are unknown shall begin on the
final day of the war.
Article 21
A missing person's property shall be placed in the custody of his spouse,
parents, adult children or other closely connected relatives or friends.
In case of a dispute over custody, if the persons stipulated above are
unavailable or are incapable of taking such custody, the property shall be
placed in the custody of a person appointed by the people's court. Any
taxes, debts and other unpaid expenses owed by a missing person shall
defrayed by the custodian out of the missing person's property.
Article 22
In the event that a person who has been declared missing reappears or his
whereabouts are ascertained, the people's court shall, upon his own
application or that of an interested person, revoke the declaration of his
missing-person status.
Article 23
Under either of the following circumstances, an interested person may
apply to the people's court for a declaration of a citizen's death:
(1) if the citizen's whereabouts have been unknown for four years or
(2) if the citizen's whereabouts have been unknown for two years after the
date of an accident in which he was involved.
If a person's whereabouts become unknown during a war, the calculation of
the time period in which his whereabouts are unknown shall begin on the
final day of the war.
Article 24
In the event that a person who has been declared dead reappears or it is
ascertained that he is alive, the people's court shall, upon his own
application or that of an interested person, revoke the declaration of his
death.
Any civil juristic acts performed by a person with capacity for civil
conduct during the period in which he has been declared dead shall be
valid.
Article 25
A person shall have the right to request the return of his property, if
the declaration of his death has been revoked. Any citizen or organization
that has obtained such property in accordance with the Law of Succession
shall return the original items or make appropriate compensation if the
original items no longer exist.
Section 4 Individual Businesses and Leaseholding Farm Households
Article 26
"Individual businesses" refers to business run by individual citizens who
have been lawfully registered and approved to engage in industrial or
commercial operation within the sphere permitted by law. An individual
business may adopt a shop name.
Article 27
"Leaseholding farm households" refers to members of a rural collective
economic organization who engage in commodity production under a contract
and within the spheres permitted by law.
Article 28
The legitimate rights and interests of individual businesses and
leaseholding farm households shall be protected by law.
Article 29
The debts of an individual business or a leaseholding farm household shall
be secured with the individual's property if the business is operated by
an individual and with the family's property if the business is operated
by a family.
Section 5 Individual Partnership
Article 30
"Individual partnership" refers to two or more citizens associated in a
business and working together, with each providing funds, material
objects, techniques and so on according to an agreement.
Article 31
Partners shall make a written agreement covering the funds each is to
provide, the distribution of profits, the responsibility for debts, the
entering into and withdrawal from partnership, the ending of partnership
and other such matters.
Article 32
The property provided by the partners shall be under their unified
management and use. The property accumulated in a partnership operation
shall belong to all the partners.
Article 33
An individual partnership may adopt a shop name; it shall be approved and
registered in accordance with the law and conduct business operations
within the range as approved and registered.
Article 34
The operational activities of an individual partnership shall be decided
jointly by the partners, who each shall have the right to carry out and
supervise those activities. The partners may elect a responsible person.
All partners shall bear civil liability for the operational activities of
the responsible person and other personnel.
Article 35
A partnership's debts shall be secured with the partners' property in
proportion to their respective contributions to the investment or
according to the agreement made. Partners shall undertake joint liability
for their partnership's debts, except as otherwise stipulated by law. Any
partner who overpays his share of the partnership's debts shall have the
right to claim compensation from the other partners.

Chapter III Legal Persons
Section 1 General Stipulations
Article 36
A legal person shall be an organization that has capacity for civil rights
and capacity for civil conduct and independently enjoys civil rights and
assumes civil obligations in accordance with the law.
A legal person's capacity for civil rights and capacity for civil conduct
shall begin when the legal person is established and shall end when the
legal person terminates.
Article 37
A legal person shall have the following qualifications:
(1) establishment in accordance with the law;
(2) possession of the necessary property or funds;
(3) possession of its own name, organization and premises; and
(4) ability to independently bear civil liability.
Article 38
In accordance with the law or the articles of association of the legal
person, the responsible person who acts on behalf of the legal person in
exercising its functions and powers shall be its legal representative.
Article 39
A legal person's domicile shall be the place where its main administrative
office is located.
Article 40
When a legal person terminates, it shall go into liquidation in accordance
with the law and discontinue all other activities.
Section 2 Enterprise as Legal Person
Article 41
An enterprise owned by the whole people or under collective ownership
shall be qualified as a legal person when it has sufficient funds as
stipulated by the state; has articles of association, an organization and
premises; has the ability to independently bear civil liability; and has
been approved and registered by the competent authority. A Chinese-
foreign equity joint venture, Chinese-foreign contractual joint venture or
foreign-capital enterprise established within the People's Republic of
China shall be qualified as a legal person in China if it has the
qualifications of a legal person and has been approved and registered by
the administrative agency for industry and commerce in according with the
law.
Article 42
An enterprise as legal person shall conduct operations within the range
approved and registered.
Article 43
An enterprise as legal person shall bear civil liability for the
operational activities of its legal representatives and other personnel.
Article 44
If an enterprise as legal person is divided or merged or undergoes any
other important change, it shall register the change with the registration
authority and publicly announce it.
When an enterprise as legal person is divided or merged, its rights and
obligations shall be enjoyed and assumed by the new legal person that
results from the change.
Article 45
An enterprise as legal person shall terminate for any of the following
reasons:
(1) if it is dissolved by law;
(2) if it is disbanded;
(3) if it is declared bankrupt in accordance with the law; or
(4) for other reasons.
Article 46
When an enterprise as legal person terminates, it shall cancel its
registration with the registration authority and publicly announce the
termination.
Article 47
When an enterprise as legal person is disbanded, it shall establish a
liquidation organization and go into liquidation. When an enterprise as
legal person is dissolved or is declared bankrupt, the competent authority
or a people's court shall organize the organs and personnel concerned to
establish a liquidation organization to liquidate the enterprise.
Article 48
An enterprise owned by the whole people, as legal person, shall bear civil
liability with the property that the state authorizes it to manage. An
enterprise under collective ownership, as legal person, shall bear civil
liability with the property it owns. A Chinese-foreign equity joint
venture, Chinese-foreign contractual joint venture or foreign-capital
enterprise as legal person shall bear civil liability with the property it
owns, except as stipulated otherwise by law.
Article 49
Under any of the following circumstances, an enterprise as legal person
shall bear liability, its legal representative may additionally be given
administrative sanctions and fined and, if the offence constitutes a
crime, criminal responsibility shall be investigated in accordance with
the law:
(1) conducting illegal operations beyond the range approved and registered
by the registration authority;
(2) concealing facts from the registration and tax authorities and
practising fraud;
(3) secretly withdrawing funds or hiding property to evade repayment of
debts;
(4) disposing of property without authorization after the enterprise is
dissolved, disbanded or declared bankrupt;
(5) failing to apply for registration and make a public announcement
promptly when the enterprise undergoes a change or terminates, thus
causing interested persons to suffer heavy losses;
(6) engaging in other activities prohibited by law, damaging the interests
of the state or the public interest.
Section 3 Official Organ, Institution and Social Organization as Legal
Person
Article 50
An independently funded official organ shall be qualified as a legal
person on the day it is established.
If according to law an institution or social organization having the
qualifications of a legal person needs not go through the procedures for
registering as a legal person, it shall be qualified as a legal person on
the day it is established; if according to law it does need to go through
the registration procedures, it shall be qualified as a legal person after
being approved and registered.
Section 4 Economic Association
Article 51
If a new economic entity is formed by enterprises or an enterprise and an
institution that engage in economic association and it independently bears
civil liability and has the qualifications of a legal person, the new
entity shall be qualified as a legal person after being approved and
registered by the competent authority.
Article 52
If the enterprises or an enterprise and an institution that engage in
economic association conduct joint operation but do not have the
qualifications of a legal person, each party to the association shall, in
proportion to its respective contribution to the investment or according
to the agreement made, bear civil liability with the property each party
owns or manages. If joint liability is specified by law or by agreement,
the parties shall assume joint liability.
Article 53
If the contract for economic association of enterprises or of an
enterprise and an institution specifies that each party shall conduct
operations independently, it shall stipulate the rights and obligations of
each party, and each party shall bear civil liability separately.

Chapter IV Civil Juristic Acts and Agency
Section 1 Civil Juristic Acts
Article 54
A civil juristic act shall be the lawful act of a citizen or legal person
to establish, change or terminate civil rights and obligations.
Article 55
A civil juristic act shall meet the following requirements:
(1) the actor has relevant capacity for civil conduct;
(2) the intention expressed is genuine; and
(3) the act does not violate the law or the public interest.
Article 56
A civil juristic act may be in written, oral or other form. If the law
stipulates that a particular form be adopted, such stipulation shall be
observed.
Article 57
A civil juristic act shall be legally binding once it is instituted. The
actor shall not alter or rescind his act except in accordance with the law
or with the other party's consent.
Article 58
Civil acts in the following categories shall be null and void:
(1) those performed by a person without capacity for civil conduct;
(2) those that according to law may not be independently performed by a
person with limited capacity for civil conduct;
(3) those performed by a person against his true intentions as a result of
cheating, coercion or exploitation of his unfavourable position by the
other party;
(4) those that performed through malicious collusion are detrimental to
the interest of the state, a collective or a third party;
(5) those that violate the law or the public interest;
(6) economic contracts that violate the state's mandatory plans; and
(7) those that performed under the guise of legitimate acts conceal
illegitimate purposes. Civil acts that are null and void shall not be
legally binding from the very beginning.
Article 59
A party shall have the right to request a people's court or an arbitration
agency to alter or rescind the following civil acts:
(1) those performed by an actor who seriously misunderstood the contents
of the acts;
(2) those that are obviously unfair.
Rescinded civil acts shall be null and void from the very beginning.
Article 60
If part of a civil act is null and void, it shall not affect the validity
of other parts.
Article 61
After a civil act has been determined to be null and void or has been
rescinded, the party who acquired property as a result of the act shall
return it to the party who suffered a loss. The erring party shall
compensate the other party for the losses it suffered as a result of the
act; if both sides are in error, they shall each bear their proper share
of the responsibility.
If the two sides have conspired maliciously and performed a civil act that
is detrimental to the interests of the state, a collective or a third
party, the property that they thus obtained shall be recovered and turned
over to the state or the collective, or returned to the third party.
Article 62
A civil juristic act may have conditions attached to it. Conditional civil
juristic acts shall take effect when the relevant conditions are met.
Section 2 Agency
Article 63
Citizens and legal persons may perform civil juristic acts through agents
An agent shall perform civil juristic acts in the principal's name within
the scope of the power of agency. The principal shall bear civil liability
for the agent's acts of agency. Civil juristic acts that should be
performed by the principal himself, pursuant to legal provisions or the
agreement between the two parties, shall not be entrusted to an agent.
Article 64
Agency shall include entrusted agency, statutory agency and appointed
agency. An entrusted agent shall exercise the power of agency as
entrusted by the principal; a statutory agent shall exercise the power of
agency as prescribed by law; and an appointed agent shall exercise the
power of agency as designated by a people's court or the appointing unit.
Article 65
A civil juristic act may be entrusted to an agent in writing or orally. If
legal provisions require the entrustment to be written, it shall be
effected in writing. Where the entrustment of agency is in writing, the
power of attorney shall clearly state the agent's name, the entrusted
tasks and the scope and duration of the power of agency, and it shall be
signed or sealed by the principal.
If the power of attorney is not clear as to the authority conferred, the
principal shall bear civil liability towards the third party, and the
agent shall be held jointly liable.
Article 66
The principal shall bear civil liability for an act performed by an actor
with no power of agency, beyond the scope of his power of agency or after
his power of agency has expired, only if he recognizes the act
retroactively. If the act is not so recognized, the performer shall bear
civil liability for it. If a principal is aware that a civil act is being
executed in his name but fails to repudiate it, his consent shall be
deemed to have been given.
An agent shall bear civil liability if he fails to perform his duties and
thus causes damage to the principal.
If an agent and a third party in collusion harm the principal's interests,
the agent and the third party shall be held jointly liable.
If a third party is aware that an actor has no power of agency, is
overstepping his power of agency, or his power of agency has expired and
yet joins him in a civil act and thus brings damage to other people, the
third party and the actor shall be held jointly liable.
Article 67
If an agent is aware that the matters entrusted are illegal but still
carries them out, or if a principal is aware that his agent's acts are
illegal but fails to object to them, the principal and the agent shall be
held jointly liable.
Article 68
If in the principal's interests an entrusted agent needs to transfer the

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