Chinese lawmakers have achieved an ideological consensus on the
much talked about proposed property law that upholds the equal
protection of state and private property.
On Wednesday, debates on the draft law, which is into its fifth
reading in the National People's Congress (NPC), China's top
legislature, then focused on specific issues such as the ownership
of parking space, the transfer of rural housing, and the law's
coverage of rivers and oceans.
"I totally agree with the revision that confirms the dominant
role of state ownership," said Huang Jinsong, a deputy to the NPC,
referring to an additional clause that provides for punishment for
managers found responsible for frittering away assets in state
firms.
Drafters said the clause was introduced amid mounting public
anger over poor management of state firms and rampant corruption
that had resulted in very significant losses.
Placing state ownership at the core of the system has appeased
opponents of the draft law who earlier claimed that the law, the
country's first that specifically protects private ownership, would
undermine the legal foundation of China's socialist economy.
This concern is believed to have been the major reason for the
withdrawal of the draft law from the annual NPC session in March.
Legislative sources had said that important differences existed on
the understanding of key issues.
"I think the revision is excellent. It seems that the opinions
of most lawmakers are no longer in conflict on the issue," said
Yang Xingfu, a member of the NPC Standing Committee.
However, the debate is not over because lawmakers still hold
different opinions on other issues.
Some lawmakers said the law should allow urban residents to buy
or build houses on land set aside for residential construction in
rural areas.
"A lot of urban residents have been buying houses in the
countryside in search of cleaner air and water, and this is
becoming a trend," Yang said. "How do we deal with the houses they
buy if this kind of operation is banned by the law?"
Wan Xuewen, another NPC lawmaker, echoed Yang's opinion, saying
that there are also some villages that sell rural houses at lower
prices to attract high-tech talents or capable teachers from
cities.
His opinion was opposed by Yang Xinre, a member of NPC's
Agriculture and Rural Affairs Committee, who contended that if the
law made such exceptions, more urban residents would rush to buy
rural houses leaving farmers with nowhere to live.
Another controversial issue is whether the draft would allow
farmers to mortgage farmland and in what conditions the government
could requisition urban residential land.
Hu Kangsheng, vice chairman of the NPC's Legal Affairs
Committee, said that farmland mortgages could not be approved and
the property law would not deal with the issue of land
requisition.
The draft stipulates that the government can only requisition
land for public interest but the definition of "public interest" in
this context would be dealt with at a later stage, Hu said.
Hu said the draft made clear that reasonable compensation would
be offered to people who lose their homes in requisition deals.
Despite the ongoing debate, many lawmakers on Wednesday said the
draft was almost ready to be voted on.
"After years of discussion, I think the draft is relatively
well-balanced, and I suggest the NPC endorse the law soon," said
Cui Lintao, a lawmaker from the Shaanxi provincial legislature, who
was invited to hear the panel discussion on Wednesday.
The draft law was first submitted to the NPC in 2002 and has
gone through a rare fifth reading. Drafts typically only require
three readings.
Lawmakers have also taken into consideration the suggestions of
more than 15,000 members of the general public.
Sources said the law could be passed during next year's full NPC
session.
(Xinhua News Agency August 24, 2006)