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NANJING, July 24 (Xinhuanet) -- Shortly after China
made public its drafted law of property rights in early July to solicit public
opinion for further revisions, people at a residential quarter in this capital
of east China's Jiangsu Province set to use it as a powerful weapon to safeguard
their legitimate interests related toan underground parking lot in the quarter.
China is entering an era of enlightenment for
property rights. According to a recent survey, the people's awareness of the law
remains low in the country, although they pay attention to the safety of their
properties and have an unprecedented interest in the preservation and increase
of property value.
Prof. Qiu Lufeng with elite Nanjing University said,
"Changes have taken place in the property structure of both Chinese societyand
individual citizens. China's existing property regime is out of fashion. It is
essential to legislate a new law. The Law of Property Rights will help re-build
the property regime and systemize the civil subject's disposition of
properties," she added.
For example, Qiu said, some 20 years ago, all a
couple needed to do when they decided to make a divorce was to determine with
whom their child would live and who, the father or the mother, would continue to
rent the public house. The rest of their property included only a few items of
home electrical appliances and clothing. But things have changed significantly.
Today, a couple may probably have a house, furniture, home appliances, stocks
and bonds subject to property settlements during divorce.
"The Law of Property Rights is closely related with
the daily lives of the masses of people. Once it is enacted, it will become a
powerful and useful weapon for individuals to protect private property, "said
Prof. Cai Dingjian with the Politics and Law University of China based in
Beijing.
Attaching great importance to public properties, the
Chinese have for long failed to treat private and public properties on an equal
footing. They even felt shameful to talk about private properties several
decades ago.
Last week, Mr. Wang, living in western Haidian
District of Beijing, was driven out of his own home by a real estate
developerand had his 12 houses leveled by the developer's bulldozer. All ofhis
family belongings were buried by the debris.
Wang's story is not unique in the construction spree
across China over the past few years. And in rural areas, farmers have nosay in
sale of land-use rights by village heads.
The Law of Property Rights clarifies that the State
safeguards the property ownership of individuals and that compensation shouldbe
paid for the immovable properties to be dismantled and for landto be
expropriated which is still under contract yet to be expired."
"Humanity's history is a history of respect being
gradually paid to private property," commented Sun Xianzhong, head of the civil
law research center under the Chinese Academy of Social Sciences.
"Once the State values the property of individuals,
the public's aspirations to wealth will be inspired, and social and economic
development in the country will be motivated constantly," Sun said.
The Law of Property Rights will be also conducive to
retaining more wealth in China, according to Sun.
In 2000, a total of 51 billion US dollars fled from China as against 47 billion US dollars in foreign direct investment flowinginto the country. Some of the money that fled was legitimate, but some was transferred abroad as the owners had no sense of security. Enditem |