郑州市开设大型商业网点听证办法
河南省郑州市人民政府
郑州市人民政府关于印发
《郑州市开设大型商业网点听证办法》的通知
郑政文〔2003〕290号
各区人民政府，市政府有关部门，各有关单位：
现将《郑州市开设大型商业网点听证办法》印发给你们，请遵照执行。
二ΟΟ三年十一月二十一日
郑州市开设大型商业网点听证办法
第一条 为了优化大型商业网点布局，促进郑州商业持续、快速、健康发展，根据国家有关法规，结合郑州实际，制订本办法。
第二条 本办法所称开设大型商业网点听证，是指在本市市区内新建（含新设）、改建、扩建建筑面积在5000平方米以上的大型购物中心、百货店、大型综合超市、仓储式商场、大型专业店和各类商品交易市场等大型商业网点，在立项或申请工商注册登记前，组织政府有关部门、行业组织、消费者代表等对新开大型商业网点布局的科学性、合理性、可行性进行论证和听取社会各方面意见的活动。
第三条 听证应当遵循公开、公平、公正的原则，充分听取各方面的意见。
第四条 开设大型商业网点听证，由市商品流通管理部门根据需要，会同计划、规划、建设、土地、工商等部门组织。
第五条 听证会主持人由市商品流通管理部门负责人担任。主持人履行下列职责：
（一）会前了解和掌握本次听证的内容和有关情况；
（二）负责主持听证会；
（三）按照议程要求，做好听证工作，维持听证秩序；
（四）审阅听证记录，审核听证意见。
第六条 听证会代表应具有一定的广泛性、代表性，一般由政府有关部门、行业组织、社区组织、相关企业和消费者代表及专家组成。听证会应当根据听证内容，合理安排听证会代表的构成及人数。
第七条 听证会代表由市商品流通管理部门聘请。听证会代表享有下列权利：
（一）了解申请人的企业概况、发展规划及拟开设大型商业网点的有关情况；
（二）要求申请人回答有关问题；
（三）对拟开设的大型商业网点提出意见和建议；
（四）查阅听证会记录和听证意见；
（五）听证会赋予的其他权利。
第八条 听证会代表应履行的义务：
（一）遵守听证纪律、维护听证秩序；
（二）保守商业秘密，对听证会内容不随便外传；
（三）公正反映情况和提出意见；
（四）听证会规定的其他义务。
第九条 公民要求旁听听证会的，可以向市商品流通管理部门提出申请，经批准后参加旁听。
第十条 开设大型商业网点的企业，应按规定向市商品流通管理部门提出书面申请，并提供下列材料：
（一）符合要求的可行性研究报告；
（二）拟开设大型商业网点的建筑平面图及周边环境示意图；
（三）市商品流通管理部门要求提供的其他材料。
第十一条 市商品流通管理部门收到听证申请及有关材料后，应对材料进行审核，符合听证条件的应受理申请，并在20个工作日内举行听证会，听证会应当在三分之二以上代表出席时方可举行。
第十二条 市商品流通管理部门应在听证会举行7日前，将会议通知和听证材料送达听证会代表。
第十三条 听证会按下列程序进行：
（一）听证主持人宣布听证事项和听证会纪律，介绍听证会代表；
（二）申请人说明拟开设大型商业网点的有关情况；
（三）听证会代表对申请人进行提问，发表意见，陈述同意或不同意的理由；
（四）申请人作最后陈述；
（五）听证会主持人作总结；
（六）听证会代表对听证会笔录进行审阅，确认无误后签字或盖章。
第十四条 听证会因特殊原因不能作出结论性意见的，可休会，择日举行第二次听证会。
第十五条 市商品流通管理部门应在听证会结束后5日内依据听证会笔录形成听证结论意见，并送达市政府有关职能部门作为审批决策依据。
第十六条 听证会费用由市财政承担，听证会组织者不得以任何形式向听证申请人收取费用。
第十七条 本办法由市政府商品流通管理部门负责组织实施。
第十八条 本办法自2004年1月1日起施行。
LAW OF SUCCESSION OF THE PEOPLE'S REPUBLIC OF CHINA ——附加英文版
The National People's Congress
LAW OF SUCCESSION OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Third Session of the Sixth National People's
Congress, promulgated by Order No. 24 of the President of the People's
Republic of China on April 10, 1985, and effective as of October 1, 1985)
Contents
Chapter I General Provisions
Chapter II Statutory Succession
Chapter III Testamentary Succession and Legacy
Chapter IV Disposition of the Estate
Chapter V Supplementary Provisions
Chapter I General Provisions
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.
Article 2
Succession begins at the death of a citizen.
Article 3
Estate denotes the lawful property owned by a citizen personally at the
time of his death, which consists of:
(1) his income;
(2) his houses, savings and articles of everyday use;
(3) his forest trees, livestock and poultry;
(4) his cultural objects, books and reference materials;
(5) means of production lawfully owned by him;
(6) his property rights pertaining to copyright and patent rights; and (7)
his other lawful property.
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.
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.
Article 6
The right to inheritance or legacy of a competent person shall be
exercised on his behalf by his statutory agent.
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.
Article 7
A successor shall be disinherited upon his commission of any one of the
following acts:
(1) intentional killing of the decedent;
(2) killing any other successor in fighting over the estate;
(3) a serious act of abandoning or maltreating the decedent; or
(4) a serious act of forging, tampering with or destroying the will.
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.
Chapter II Statutory Succession
Article 9
Males and females are equal in their right to inheritance.
Article 10
The estate of the decedent shall be inherited in the following order:
First in order: spouse, children, parents.
Second in order: brothers and sisters, paternal grandparents, maternal
grandparents. When succession opens, the successor(s) first in order
shall inherit to the exclusion of the successor(s) second in order. The
successor(s) second in order shall inherit in default of any successor
first in order.
The "children" referred to in this Law include legitimate children,
illegitimate children and adopted children, as well as step-children who
supported or were supported by the decedent.
The "parents" referred to in this Law include natural parents and adoptive
parents, as well as step-parents who supported or were supported by the
decedent.
The "brothers and sisters" referred to in this Law include blood brothers
and sisters, brothers and sisters of half blood, adopted brothers and
sisters, as well as step-brothers and step-sisters who supported or were
supported by the decedent.
Article 11
Where a decedent survived his child, the direct lineal descendants of the
predeceased child inherit in subrogation. Descendants who inherit in
subrogation generally shall take only the share of the estate their father
or mother was entitled to.
Article 12
Widowed daughters-in-law or sons-in-law who have made the predominant
contributions in maintaining their parents-in-law shall, in relationship
to their parents-in-law, be regarded as successors first in order.
Article 13
Successors same in order shall, in general, inherit in equal shares.
At the time of distributing the estate, due consideration shall be given
to successors who are unable to work and have special financial
difficulties.
At the time of distributing the estate, successors who have made the
predominant contributions in maintaining the decedent or have lived with
the decedent may be given a larger share.
At the time of distributing the estate, successors who had the ability and
were in a position to maintain the decedent but failed to fulfil their
duties shall be given no share or a smaller share of the estate.
Successors may take unequal shares if an agreement to that effect is
reached among them.
Article 14
An appropriate share of the estate may be given to a person, other than a
successor, who depended on the support of the decedent and who neither can
work nor has a source of income, or to a person, other than a successor,
who was largely responsible for supporting the decedent.
Article 15
Questions pertaining to succession should be dealt with through
consultation by and among the successors in the spirit of mutual
understanding and mutual accommodation, as well as of amity and unity. The
time and mode for partitioning the estate and the shares shall be decided
by the successors through consultation. If no agreement is reached through
consultation, they may apply to a People's Mediation Committee for
mediation or institute legal proceedings in a people's court.
Chapter III Testamentary Succession and Legacy
Article 16
A citizen may, by means of a will made in accordance with the provisions
of this Law, dispose of the property he owns and may appoint a
testamentary executor for the purpose. A citizen may, by making a will,
designate one or more of the statutory successors to inherit his personal
property.
A citizen may, by making a will, donate his personal property to the state
or a collective, or bequeath it to persons other than the statutory
successors.
Article 17
A notarial will is one made by a testator through a notary agency.
A testator-written will is one made in the testator's own handwriting and
signed by him, specifying the date of its making.
A will written on behalf of the testator shall be witnessed by two or more
witnesses, of whom one writes the will, dates it and signs it along with
the other witness or witnesses and with the testator.
A will made in the form of a sound-recording shall be witnessed by two or
more witnesses.
A testator may, in an emergency situation, make a nuncupative will, which
shall be witnessed by two or more witnesses. When the emergency situation
is over and if the testator is able to make a will in writing or in the
form of a sound-recording, the nuncupative will he has made shall be
invalidated.
Article 18
None of the following persons shall act as a witness of a will:
(1) persons with no capacity or with limited capacity;
(2) successors and legatees; or
(3) persons whose interests are related to those of the successors and
legatees.
Article 19
Reservation of a necessary portion of an estate shall be made in a will
for a successor who neither can work nor has a source of income.
Article 20
A testator may revoke or alter a will he previously made.
Where several wills that have been made conflict with one another in
content, the last one shall prevail.
A notarial will may not be revoked or altered by a testator-written will,
a will written on behalf of the testator, a will in the form of a sound-
recording or a nuncupative will.
Article 21
Where there are obligations attached to testamentary succession or legacy,
the successor or legatee shall perform them. Anyone who fails to perform
the obligations without proper reasons may, upon request by a relevant
organization or individual, entail nullification of his right to
inheritance by a people's court.
Article 22
Wills made by persons with no capacity or with limited capacity shall be
void. Wills shall manifest the genuine intention of the testators; those
made under duress or as a result of fraud shall be void.
Forged wills shall be void.
Where a will has been tampered with, the affected parts of it shall be
void.
Chapter IV Disposition of the Estate
Article 23
After the opening of succession, a successor who has knowledge of the
death should promptly notify the other successors and the testamentary
executor. If one of the successors knows about the death or if there is no
way to make the notification, the organization to which the decedent
belonged before his death or the residents' committee or villagers'
committee at his place of residence shall make the notification.
Article 24
Anyone who has in his possession the property of the decedent shall take
good care of such property and no one is allowed to misappropriate it or
contend for it.
Article 25
A successor who, after the opening of succession, disclaims inheritance
should make known his decision before the disposition of the estate. In
the absence of such an indication, he is deemed to have accepted the
inheritance.
A legatee should, within two months from the time he learns of the legacy,
make known whether he accepts it or disclaims it. In the absence of such
an indication within the specified period, he is deemed to have disclaimed
the legacy.
Article 26
If a decedent's estate is partitioned, half of the joint property acquired
by the spouses in the course of their matrimonial life shall, unless
otherwise agreed upon, be first allotted to the surviving spouse as his or
her own property; the remainder shall constitute the decedent's estate.
If the decedent's estate is a component part of the common property of his
family, that portion of the property belonging to the other members of the
family shall first be separated at the time of the partitioning of the
decedent's estate.
Article 27
Under any of the following circumstances, the part of the estate affected
shall be dealt with in accordance with statutory succession:
(1) where inheritance is disclaimed by a testamentary successor or the
legacy is disclaimed by a legatee;
(2) where a testamentary successor is disinherited;
(3) where a testamentary successor or legatee predeceases the testator;
(4) where an invalidated portion of the will involves part of the estate;
or
(5) where no disposition is made under the will for part of the estate.
Article 28
At the time of the partitioning of the estate, reservation shall be made
for the share of an unborn child. The share reserved shall, if the baby is
stillborn, be dealt with in accordance with statutory succession.
Article 29
The partitioning of a decedent's estate shall be conducted in a way
beneficial to the requirements of production and livelihood; it shall not
diminish the usefulness of the estate.
If the estate is unsuitable for partitioning, it may be disposed of by
such means as price evaluation, appropriate compensation or co-ownership.
Article 30
A surviving spouse who remarries is entitled to dispose of the property he
or she has inherited, subject to no interference by any other person.
Article 31
A citizen may enter into a legacy-support agreement with a person who, in
accordance with the agreement, assumes the duty to support the former in
his or her lifetime and attends to his or her interment after death, in
return for the right to legacy. A citizen may enter into a legacy-support
agreement with an organization under collective ownership which, in
accordance with the agreement, assumes the duty to support the former in
his or her lifetime and attends to his or her interment after death, in
return for the right to legacy.
Article 32
An estate which is left with neither a successor nor a legatee shall
belong to the state or, where the decedent was a member of an organization
under collective ownership before his or her death, to such an
organization.
Article 33
The successor to an estate shall pay all taxes and debts payable by the
decedent according to law, up to the actual value of such estate, unless
the successor pays voluntarily in excess of the limit.
The successor who disclaims inheritance assumes no responsibility for the
payment of taxes and debts payable by the decedent according to law.
Article 34
The carrying out of a legacy shall not affect the payment of taxes and
debts payable by the legator according to law.
Chapter V Supplementary Provisions
Article 35
The people's congress of a national autonomous area may, in accordance
with the principles of this Law and the actual practices of the local
nationality or nationalities with regard to property inheritance, enact
adaptive or supplementary provisions. Provisions made by autonomous
regions shall be reported to the Standing Committee of the National
People's Congress for the record. Provisions made by autonomous
prefectures or autonomous counties shall become effective after being
reported to and approved by the standing committee of the people's
congress of the relevant province or autonomous region and shall be
reported to the Standing Committee of the National People's Congress for
the record.
Article 36
For inheritance by a Chinese citizen of an estate outside the People's
Republic of China or of an estate of a foreigner within the People's
Republic of China, the law of the place of domicile of the decedent shall
apply in the case of movable property; in the case of immovable property,
the law of the place where the property is located shall apply. For
inheritance by a foreigner of an estate within the People's Republic of
China or of an estate of a Chinese citizen outside the People's Republic
of China, the law of the place of domicile of the decedent shall apply in
the case of movable property; in the case of immovable property, the law
of the place where the property is located shall apply. Where treaties or
agreements exist between the People's Republic of China and foreign
countries, matters of inheritance shall be handled in accordance with such
treaties or agreements.
Article 37
This Law shall go into effect as of October 1, 1985.
Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
