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BEIJING, March 8 (Xinhuanet) -- Legislators began Monday to consider whether to specify the inviolability of private property in the nation's Constitution, and the draft constitutional amendment, if approved, would become what is widely described as "a historic
progress."
Wang Zhaoguo, vice chairman of the Standing Committee
of the National People's Congress (NPC), briefed lawmakers on the draft
constitutional amendment at the on-going NPC annual session in the Great Hall of
the People in Beijing Monday afternoon.
The draft amendment suggests "legal private property
is not to be encroached upon" and adds "the state should give compensation" to
the current stipulation that "the state has the right to expropriate urban and
rural land."
"It is a substantive breakthrough in the history of
the People's Republic of China and that reminds me of the past old days when we
were proud of being penniless and devoting all possessions to the country," said
Xia Bing, a lawyer who serves a Shanghai-based private law house.
In the first 30 years after New China was founded in
1949, the predominant agricultural country had been engaged in a continuous
campaign to turn its war-shattered economy into what the top leaders hoped to be
superior to the world powers. But the drive was frequently pestered by
uncertainties such as natural disastersand political movements such as the
devastating "Cultural Revolution" (1966-1976).
"Being poor meant being revolutionary and clean in
heart, and it was a shame to rake profits and dream of a luxurious life at that
time," recalls 60-year-old Zhang Yuying, a factory retiree inthe northeastern
province of Heilongjiang.
Tremendous improvements in the people's daily life
did not takeplace until the Chinese economy began to take off fueled by the
reform and open-up policy adopted in the late 1970s. In 2003, China's per-capita
GDP reached 1,000 US dollars, which is internationally accepted as a mark of a
medium-developed country. Major cities such as Shanghai even reported a much
bigger figure of more than 5,000 US dollars.
With swelling wallets, an increasing number of
Chinese citizenshave purchased or are planning to buy cars and other expensive
consumer goods.
Concurrent with the economic boom is a change in the
people's thinking, from the concept that "It's shame to be rich" to a brand-new
motto that "It's a pride to get rich through hard work in a lawful way."
To usher in a nationwide endeavor to "build a
well-off society in an all-round way," the Chinese government has taken a more
scientific and realistic approach to handling ideological issues, boosting
economic development and constructing a full-fledged legal framework.
"Stipulations that hamper China's reform and
development shouldbe changed or completed but amendments are focused on the most
essential ones to maintain the stability of the Constitution," said senior
lawmaker Yang Jingyu.
The draft constitutional amendment submitted by NPC
Standing Committee Monday has drawn wide attention since the proposal was put
forward by the Central Committee of the Communist Party of China (CPC) last
year.
It will be the first time in the history of New China
that lawfully-obtained capital goods and invisible capital such as intellectual
property rights are put under constitutional protection, as is the same case
with living materials and properties such as estate and bank deposits.
The draft amendment, already a cynosure itself, has
brought under the spotlight the country's newly-rich private entrepreneurs,who
have accumulated wealth and dotted the nation's skyline with robust economic
growth.
By the end of November 2003, the number of China's
private enterprises hit 2.97 million with registered capital exceeding 334.7
billion yuan (40.5 billion US dollars). The non-public sectors now contribute to
half of China's national economic growth.
"The practice of encouraging the private sector of
the economy but avoiding reference to its existence in the law no longer sits
well with the rising private sector," said Lian Xisheng, a renowned law scholar
with China University of Politics and Law.
The draft amendment suggests "encouraging, supporting
and guiding the private economy." Sixteen years ago, the amendments tothe
current constitution stipulated that the state permits the private economy to
exist and grow within the limits prescribed by law as a "complement" to the
public economy. In 1999, the role of the private sector was upgraded to make it
an "essential part" of the socialist market economy.
The CPC Central Committee has been pushing forward
China's economic restructuring in a steady and irreversible manner, and property
right is one of the essential issues of the reform, economists say.
The draft amendment also incorporates into the
Constitution theimportant thought of "Three Represents," which emphasizes that
theCPC must represent the fundamental interests of the overwhelming majority of
the people.
"Constitutional protection on legally accumulated
wealth will spur investment and consumption, and further promote development of
the national economy," said NPC deputy Wu Zixiang, an entrepreneur from the
southern coastal province of Guangdong.
Entrepreneur deputy Zhu Qinglong, from Anhui
Province, described the draft amendment as a "comforting pill" and pledged to
increase investment in his high-tech business of auto-control system
manufacturing.
In recent years, forcible relocation of urban and
rural residents for real estate and other projects has resulted in growing
disputes between residents and developers.
Wang Zhenmin, a law professor at the prestigious
Qinghua University said the draft amendment, which puts private property on the
same footing with public assets, will better safeguard lawful private property
rights of Chinese citizens from public infringement.
Amendments to the Chinese Constitution are to be
proposed by the NPC Standing Committee or by more than one-fifth of all NPC
deputies and adopted by a majority affirmative vote of more than two-thirds of
all the deputies.
Chinese lawmakers will discuss the amendment draft in
the coming days and voted on its fate on March 14, a day to be recorded in the
Chinese history no matter the draft is approved ornot. Enditem
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