Chinese legislature on Sunday
released its draft law on property rights in full text to general public
for soliciting revision opinions. The draft law on property rights,
with five chapters and 268 items, had been deliberated for three times by
China's lawmakers by the end of June. Citizens could offer their revision
opinions on the draft law prior to August 20. Then, the Commission of
Legislative Affairs of the Standing Committee of the 10th National
People's Congress (NPC) will revise the draft law according to public opinions
and submit the revised draft law to the NPC Standing Committee for fourth
deliberation. The draft law will be submitted
to the fourth plenary session of the 10th NPC, which will be held next
March, for the fifth deliberation and will be voted for adoption at the
session. Normally, China's law draft could
be passed through after three times deliberation. The draft law on
property rights was, however, arranged to deliberate by lawmakers for
fifth times before adoption. The draft law, defining and
safeguarding all the property rights, is related to every citizen's
fundamental rights. According to the draft law,
property owners shall be given reasonable compensation when their
properties are taken over for public use. Those who refuse to make the
compensation will bear legal responsibilities. Over the past more than half
century, China's farmers are allowed to save a certain piece of land to
build their own houses. However, as an increasing number of urban citizens
became affluent in recent years, they are fond of buying such kind of land
from farmers to build villas for their weekend vocation. This time, the draft law on
property rights says absolutely no to the phenomenon. The draft law
defined that urban citizens were not allowed to buy the land saved for
farmers'use only so as to safeguard farmers' fundamental property rights.
The draft law on property rights
defined that the ownership of parking lots, grassland and clubs in
resident community should be shared by the residents, rather than the real
estate developers. Wang Shengming, director of the
Commission of Legislative Affairs of the NPC Standing Committee said that
it will make citizens more assured to their properties to nail down the
ownership of every property right. The draft law also aims to
protect the state property by defining that administrative staff in
state-owned enterprises shall bear the civil, administrative or even
criminal liabilities if they transfer the ownership of the public property
by buying stocks or selling companies at low prices, which lead to the
public assets loss. While management buyouts (MBO)
has been increasingly used to make state-owned companies into private ones
in recent years, managers were often found cheating or engaged in
malpractice damaging the interests of employees, investors and financial
institutions but bringing themselves private gains. According to official statistics,
China losses 40 billion yuan (4.8 billion US dollars) of state-owned
assets annually. The loss of the state-owned assets has triggered
dissatisfaction and condemnation across the country, as many companies'
employees appealed to the governments for intervention. The draft law on property rights
was also believed to be another critical legislative step to protect
citizen's private assets. A previous amendment was made to the
Constitution in March 2004. At that time, the clause that citizen's
legitimate private assets could not be violated was written into the
Constitution.
Source: xinhuanet
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