DATE:
2003.12.23
EDITION:
National
SECTION:
News
PAGE:
A1 / Front
BYLINE:
Joe McDonald
SOURCE:
The Associated Press
DATELINE:
BEIJING ANNIVERSARIES
--------------------------------------------------------------------------------
China
to enshrine property rights: Cultural revolution: Communists set to amend
constitution
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BEIJING
- With just eight words, China yesterday proposed an epic change to its national
character, introducing a constitutional amendment that would guarantee the right
to private property for the first time since the 1949 communist revolution.
Twenty-five
years after Deng Xiaoping began to abandon Chairman Mao Zedong's disastrous
collectivism, an amendment was put to the National People's Congress that
"private property obtained legally shall not be violated."
It
would give an official status to the entrepreneurs who once were considered the
enemy of communism but now drive China's economy, creating millions of jobs and
dotting the skylines of Beijing and other cities with office towers and
apartment blocks.
Already
secretly approved by the Communist Party central committee, the change ends one
of the most sensitive debates in recent years. It was submitted to the Congress
for almost certain approval, along with a proposal to enshrine in the
constitution the theories of Jiang Zemin, the former leader who invited
capitalists to join the party.
The
changes reflect the party's decision to cast off leftist dogma in pursuit of
prosperity and national status -- and to embrace the forces driving change in
order to stay in control.
The
changes reflect the party's decision to cast off leftist dogma in pursuit of
prosperity and national status -- and to embrace the forces driving change in
order to stay in control.
"The
Chinese leadership understands that the private sector will be the engine for
economic growth," said Joseph Cheng, a political scientist at the City
University of Hong Kong.
In
part the change is symbolic, bringing the constitution up to date with China's
market-driven reality. But it will also likely strengthen the rule of law in a
business environment where many common transactions go on without legal
structure or regulation.
The
lack of constitutional protection has not prevented millions from rushing in to
capitalism. Private business has driven a surge in living standards for ordinary
Chinese and has created the jobs needed by China as state companies slash
payrolls in a race to become profitable. The government of Shanghai, China's
commercial capital, says its economic output per person has passed the
equivalent of US$5,000 a year.
The
amendment would likely be followed by changes in the law to create structures
for business practices, such as trading real estate or stocks and bonds --
things Chinese already do but without legal guidelines or protections.
One
major practical boost could be state banks will be more willing to offer loans.
State banks lend almost solely to state-run companies, seeing private firms as
too risky. With their private property protected, businesses could use it as
collateral to get loans. Chinese entrepreneurs have also complained foreign
businessmen have an advantage, since regulations protecting foreign investments
are already in place.
A
key element missing from the announcement yesterday was any mention of political
reform. President Hu Jintao, who replaced Mr. Jiang in March, has called
publicly for greater "socialist democracy." But the phrase refers to
making the closed, secretive ruling party more responsive to public needs -- not
sharing power with opposition parties.
China
holds nonpartisan elections to village-level posts and for powerless advisory
bodies in major cities. Chinese leaders say they have no immediate plans to
allow voting for higher-level posts -- a step that would give popularly chosen
officials real power.
In
1999, the constitution was amended to declare private business an
"important component" of the economy, not just a
"complement" to state industry.
Xinhua
reported that the latest change would put private property "on an equal
footing with public property."
The
other proposal would say Mr. Jiang's theories are considered guiding principles
of the nation, along with the ideology of Mao and Mr. Deng. That would give Mr.
Jiang, 77, a victory in his campaign for a place in history alongside the
country's Communist giants. However, Xinhua did not say whether he would be
mentioned by name -- an honour that many in the party are rumoured to oppose.
Mr.
Jiang's awkwardly named "Three Represents" ideology argues the party
has to modernize itself, representing entrepreneurs in addition to its role as
"vanguard of the working class." That would let Communist leaders draw
China's new business elite into their own circle, keeping the party relevant in
a changing society and shoring up their own power.
------------------------------------------------------
Lorne
Gunter Column: Property rights are being eroded by the charter, court decisions:
http://www.cssa-cila.org/garryb/publications/Article189.htm
NEWS
RELEASE - July 29, 2003
SUPREME
COURT RULED: CANADIANS HAVE NO PROPERTY RIGHTS
“Anything
you own can be expropriated without due process and without compensation say the
Supremes.”
http://www.cssa-cila.org/garryb/breitkreuzgpress/property5.htm
NEWS
RELEASE - November 21, 2002
BILL
WOULD LIMIT LIBERAL’S ABILITY TO RUN ROUGHSHOD OVER PROPERTY RIGHTS
“Breitkreuz’s bill would strengthen every individual’s right to own and enjoy property in federal law.”
http://www.cssa-cila.org/garryb/breitkreuzgpress/proprightsnov2102.htm
http://www.parl.gc.ca/37/2/parlbus/chambus/house/bills/private/C-313/C-313_1/C-313_cover-E.html
44.
We believe the right to own, use and benefit from private property (including
labour and real, intellectual and personal property), and to contract freely,
lies at the very heart of our legal and economic systems and distinguishes a
free society. Therefore, we will seek the agreement of the provinces to amend
the Charter of Rights and Freedoms to include this right, as well as a guarantee
that no person shall be deprived of it without the due process of law and full,
just and timely compensation. Regardless of the outcome of talks with the
provinces to amend the Charter of Rights and Freedoms on this issue, we will
enact legislation to ensure that full, just and timely compensation will be paid
to all persons who are deprived of personal or private property as a result of
any federal government initiative, policy, process, or legislation.