Civil Code-Book II Real Rights- Title II Ownership-Chapter V State Ownership, Collective Ownership and Private Ownership
Chapter V State Ownership, Collective Ownership and Private Ownership
第五章 国家所有权和集体所有权、私人所有权
Article 246 The properties owned by the state as provided for by laws belong to the state, that is, the entire people.
第二百四十六条 法律规定属于国家所有的财产，属于国家所有即全民所有。
The State Council exercises the ownership of state-owned properties on behalf of the state, except as otherwise provided for by any law.
国有财产由国务院代表国家行使所有权。法律另有规定的，依照其规定。
Article 247 All mineral resources, waters and sea areas belong to the state.
第二百四十七条 矿藏、水流、海域属于国家所有。
Article 248 Uninhabited sea islands belong to the state, and the State Council exercises the ownership of uninhabited sea islands on behalf of the state.
第二百四十八条 无居民海岛属于国家所有，国务院代表国家行使无居民海岛所有权。
Article 249 Urban land belongs to the state. Land in rural areas and suburban areas owned by the state as provided for by laws belongs to the state.
第二百四十九条 城市的土地，属于国家所有。法律规定属于国家所有的农村和城市郊区的土地，属于国家所有。
Article 250 Natural resources such as forests, mountains, grassland, waste land, and intertidal zones belong to the state, except that they are owned collectively as provided for by laws.
第二百五十条 森林、山岭、草原、荒地、滩涂等自然资源，属于国家所有，但是法律规定属于集体所有的除外。
Article 251 The wildlife resources owned by the state as provided for by laws belong to the state.
第二百五十一条 法律规定属于国家所有的野生动植物资源，属于国家所有。
Article 252 Radio-frequency spectrum resources belong to the state.
第二百五十二条 无线电频谱资源属于国家所有。
Article 253 The cultural relics owned by the state as provided for by laws belong to the state.
第二百五十三条 法律规定属于国家所有的文物，属于国家所有。
Article 254 Assets for national defense belong to the state.
第二百五十四条 国防资产属于国家所有。
Infrastructures such as railways, highways, electric power facilities, telecommunications facilities, and oil and gas pipelines that are owned by the state as provided for by laws belong to the state.
铁路、公路、电力设施、电信设施和油气管道等基础设施，依照法律规定为国家所有的，属于国家所有。
Article 255 State organs are entitled to possess and use the immovables and movables directly under their control and to dispose of them in accordance with laws and the relevant provisions of the State Council.
第二百五十五条 国家机关对其直接支配的不动产和动产，享有占有、使用以及依照法律和国务院的有关规定处分的权利。
Article 256 The public institutions sponsored by the state are entitled to possess and use the immovables and movables directly under their control and to enjoy and dispose of them in accordance with laws and the relevant provisions of the State Council.
第二百五十六条 国家举办的事业单位对其直接支配的不动产和动产，享有占有、使用以及依照法律和国务院的有关规定收益、处分的权利。
Article 257 With respect to the enterprises invested by the state, the State Council and local people's governments shall, in accordance with the provisions of laws and administrative regulations, perform the duties of investors on behalf of the state, and enjoy the rights and interests of investors.
第二百五十七条 国家出资的企业，由国务院、地方人民政府依照法律、行政法规规定分别代表国家履行出资人职责，享有出资人权益。
Article 258 The properties owned by the state shall be protected by law, and no organization or individual may embezzle, loot, privately divide, withhold, or destroy them.
第二百五十八条 国家所有的财产受法律保护，禁止任何组织或者个人侵占、哄抢、私分、截留、破坏。
Article 259 The institutions performing the duties of administration and supervision of state-owned properties and their staff members shall, in accordance with the law, strengthen the administration and supervision of state-owned properties, promote the value preservation and increment of state-owned properties, and prevent the loss of state-owned properties; and whoever abuses power or neglects duty, causing any loss of state-owned properties, shall assume legal liability in accordance with the law.
第二百五十九条 履行国有财产管理、监督职责的机构及其工作人员，应当依法加强对国有财产的管理、监督，促进国有财产保值增值，防止国有财产损失；滥用职权，玩忽职守，造成国有财产损失的，应当依法承担法律责任。
Whoever, in violation of the provisions on the management of state-owned properties, causes any loss of state-owned property by transferring it at a low price, privately dividing it in collusion with others, using it as security without approval or by other means in the course of enterprise restructuring, business combination or division, or affiliated transaction, among others, shall assume legal liability in accordance with the law.
违反国有财产管理规定，在企业改制、合并分立、关联交易等过程中，低价转让、合谋私分、擅自担保或者以其他方式造成国有财产损失的，应当依法承担法律责任。
Article 260 The immovables and movables owned by a collective include:
第二百六十条 集体所有的不动产和动产包括：
(1) land, forests, mountains, grassland, waste land and intertidal zones owned by the collective as provided for by laws;
（一）法律规定属于集体所有的土地和森林、山岭、草原、荒地、滩涂；
(2) buildings, production facilities, and water conservancy facilities of farmland that are owned by the collective;
（二）集体所有的建筑物、生产设施、农田水利设施；
(3) educational, scientific, cultural, public health, sports, and other facilities that are owned by the collective; and
（三）集体所有的教育、科学、文化、卫生、体育等设施；
(4) other immovables and movables owned by the collective.
（四）集体所有的其他不动产和动产。
Article 261 The immovables and movables owned by a farmers' collective belong to all the members of the collective.
第二百六十一条 农民集体所有的不动产和动产，属于本集体成员集体所有。
The following matters shall be subject to decision-making by the members of the collective under statutory procedures:
下列事项应当依照法定程序经本集体成员决定：
(1) Land contracting plan, and offering land to organizations or individuals for agricultural operations other than those belonging to the collective.
（一）土地承包方案以及将土地发包给本集体以外的组织或者个人承包；
(2) Adjustment of the contracted land among the holders of a conventional usufruct on rural land for agricultural operations.
（二）个别土地承包经营权人之间承包地的调整；
(3) Measures for the use and distribution of land compensation and other expenses.
（三）土地补偿费等费用的使用、分配办法；
(4) Such matters as change in the ownership of any enterprise invested by the collective.
（四）集体出资的企业的所有权变动等事项；
(5) Other matters provided for by laws.
（五）法律规定的其他事项。
Article 262 The ownership of collectively-owned land, forest, mountain, grassland, waste land or intertidal zone, among others, shall be exercised in accordance with the following provisions:
第二百六十二条 对于集体所有的土地和森林、山岭、草原、荒地、滩涂等，依照下列规定行使所有权：
(1) If it is owned by a farmers' collective of a village, the ownership shall be exercised by a collective economic organization or the villagers' committee of the village on behalf of the collective in accordance with the law.
（一）属于村农民集体所有的，由村集体经济组织或者村民委员会依法代表集体行使所有权；
(2) If it is owned by two or more farmers' collectives of a village, the ownership shall be exercised by all the collective economic organizations or the villagers' groups of the village on behalf of the collective in accordance with the law.
（二）分别属于村内两个以上农民集体所有的，由村内各该集体经济组织或者村民小组依法代表集体行使所有权；
(3) If it is owned by a farmers' collective of a township or town, the ownership shall be exercised by a collective economic organization of the township or town on behalf of the collective.
（三）属于乡镇农民集体所有的，由乡镇集体经济组织代表集体行使所有权。
Article 263 An urban collective has the right to possess, use, enjoy, and dispose of any immovable or movable owned by it in accordance with the provisions of laws and administrative regulations.
第二百六十三条 城镇集体所有的不动产和动产，依照法律、行政法规的规定由本集体享有占有、使用、收益和处分的权利。
Article 264 A rural collective economic organization, villager's committee or villagers' group shall publicize the status of the properties owned by the collective to the members of the collective in accordance with laws, administrative regulations, its articles of association, village rules and villagers' agreements. Members of the collective have the right to consult and duplicate the relevant materials.
第二百六十四条 农村集体经济组织或者村民委员会、村民小组应当依照法律、行政法规以及章程、村规民约向本集体成员公布集体财产的状况。集体成员有权查阅、复制相关资料。
Article 265 The properties owned by a collective shall be protected by law, and no organization or individual may encroach upon, loot, privately divide, or destroy such property.
第二百六十五条 集体所有的财产受法律保护，禁止任何组织或者个人侵占、哄抢、私分、破坏。
Where a decision made by a rural collective economic organization, or a villagers' committee or by the person in charge thereof infringes upon the lawful rights and interests of any member of the collective, such a member may request the people's court to revoke such a decision.
农村集体经济组织、村民委员会或者其负责人作出的决定侵害集体成员合法权益的，受侵害的集体成员可以请求人民法院予以撤销。
Article 266 An individual is entitled to the ownership of his or her lawfully earned income, houses, articles for daily use, means of production, raw materials, and other immovables and movables.
第二百六十六条 私人对其合法的收入、房屋、生活用品、生产工具、原材料等不动产和动产享有所有权。
Article 267 An individual's lawful property shall be protected by law, and no organization or individual may encroach upon, loot, or destroy it.
第二百六十七条 私人的合法财产受法律保护，禁止任何组织或者个人侵占、哄抢、破坏。
Article 268 The state, any collective or individual may, in accordance with the law, make investment to form a limited liability company, a joint stock company, or any other enterprise. If the immovable or movable owned by the state, the collective or an individual is invested in an enterprise, the investor shall enjoy such rights as obtaining asset returns, making major decisions and selecting business managers, and shall perform duties as agreed upon or in proportion to the amount of investment.
第二百六十八条 国家、集体和私人依法可以出资设立有限责任公司、股份有限公司或者其他企业。国家、集体和私人所有的不动产或者动产投到企业的，由出资人按照约定或者出资比例享有资产收益、重大决策以及选择经营管理者等权利并履行义务。
Article 269 A for-profit legal person has the right to possess, use, enjoy, and dispose of its immovables and movables in accordance with laws and administrative regulations as well as its bylaws.
第二百六十九条 营利法人对其不动产和动产依照法律、行政法规以及章程享有占有、使用、收益和处分的权利。
The rights enjoyed by a legal person other than for-profit legal persons over its immovables and movables shall be governed by the provisions of relevant laws and administrative regulations as well as its bylaws.
营利法人以外的法人，对其不动产和动产的权利，适用有关法律、行政法规以及章程的规定。
Article 270 The immovables and movables legally owned by social organization legal persons and legal persons making donations shall be protected by law.
第二百七十条 社会团体法人、捐助法人依法所有的不动产和动产，受法律保护。