LAW OF SUCCESSION OF THE PEOPLE'S REPUBLIC OF CHINA
中華人民共和國繼承法
Chapter I General Provisions
第一章 總 則
Article 1 This Law is enacted pursuant to the provisions of the Constitution of the People's Republic of China with a view to protecting the right of citizens to inherit private property.
第一條 根據《中華人民共和國憲法》規定,為保護公民的私有財產的繼承權,制定本法。
Article 2 Succession begins at the death of a citizen.
第二條 繼承從被繼承人死亡時開始。
Article 3 Estate denotes the lawful property owned by a citizen personally at the time of his death, which consists of:
第三條 遺產是公民死亡時遺留的個人合法財產,包括:
(1) his income;
(一)公民的收入;
(2) his houses, savings and articles of everyday use;
(二)公民的房屋、儲蓄和生活用品;
(3) his forest trees, livestock and poultry;
(三)公民的林木、牲畜和家禽;
(4) his cultural objects, books and reference materials;
(四)公民的文物、圖書資料;
(5) means of production lawfully owned by him;
(五)法律允許公民所有的生產資料;
(6) his property rights pertaining to copyright and patent rights;
(六)公民的著作權、專利權中的財產權利;
(7) his other lawful property.
(七)公民的其他合法財產。
Article 4 Personal benefits accruing from a contract entered into by an individual are heritable in accordance with the provisions of this Law. Contracting by an individual, if permitted by law to be continued by the successor, shall be treated in accordance with the terms of the contract.
第四條 個人承包應得的個人收益,依照本法規定繼承。個人承包,依照法律允許由繼承人繼續承包的,按照承包合同辦理。
Article 5 Succession shall, after its opening, be handled in accordance with the provisions of statutory succession; where a will exists, it shall be handled in accordance with testamentary succession or as legacy; where there is an agreement for legacy in return for support, the former shall be handled in accordance with the terms of the agreement.
第五條 繼承開始后,按照法定繼承辦理;有遺囑的,按照遺囑繼承或者遺贈辦理;有遺贈扶養協議的,按照協議辦理。
Article 6 The right to inheritance or legacy of a competent person shall be exercised on his behalf by his statutory agent.
第六條 無行為能力人的繼承權、受遺贈權,由他的法定代理人代為行使。
The right to inheritance or legacy of a person with limited capacity shall be exercised on his behalf by his statutory agent or by such person himself after obtaining the consent of his statutory agent.
限制行為能力人的繼承權、受遺贈權,由他的法定代理人代為行使,或者征得法定代理人同意后行使。
Article 7 A successor shall be disinherited upon his commission of any one of the following acts:
第七條 繼承人有下列行為之一的,喪失繼承權:
(1) intentional killing of the decedent;
(一)故意殺害被繼承人的;
(2) killing any other successor in fighting over the estate;
(二)為爭奪遺產而殺害其他繼承人的;
(3) a serious act of abandoning or maltreating the decedent;
(三)遺棄被繼承的,或者虐待被繼承人情節嚴重的;
(4) a serious act of forging, tampering with or destroying the will.
(四)偽造、篡改或者銷毀遺囑,情節嚴重的。
Article 8 The time limit for institution of legal proceedings pertaining to disputes over the right to inheritance is two years, counting from the day the successor became or should have become aware of the violation of his right to inheritance. No legal proceedings, however, may be instituted after the expiration of a period of 20 years from the day succession began.
第八條 繼承權糾紛提起訴訟的期限為二年,自繼承人知道或者應當知道其權利被侵犯之日起計算。但是,自繼承開始之日起超過二十年的,不得再提起訴訟。