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NPC debates private property rights

By P. S. Suryanarayana

SINGAPORE, MARCH 8. China's National People's Congress (Parliament) today began deliberations on a draft constitutional amendment which would enshrine the `inviolability' of private property under laws that might be designed to "encourage .. the private economy''.

Proposals for amendments also on human rights, "state of emergency'' and the theory of "Three Represents'' are on the NPC's table for possible voting on March 14. Wang Zhaoguo, Vice-Chairman of the NPC's Standing Committee, briefed the delegates on the property amendment during today's session at the Great Hall of the People in Beijing. Diplomats and political observers in the Asia Pacific region regard the debate as a momentous development in the political evolution of the People's Republic of China.

The governing Communist Party of China had first approved the draft amendments before the NPC Standing Committee sent them to Parliament. The draft spells out that "legal private property is not to be encroached upon''. While the accent is on the legality of such property, the draft also stipulates that "the state should give compensation'' to those whose legal property might be requisitioned. On compensation, the constitutional provision is that "the state has the right to expropriate urban and rural land''. If adopted as proposed by the CPC and the NPC Standing Committee, the right to property would be extended to lawfully-obtained capital goods and "invisible goods'' such as intellectual property. Estate and bank deposits, too, may be covered. The overarching political thrust is set out in the formulation about "encouraging, supporting and guiding the private economy''.

The stipulation, itself the result of an amendment in 1988 to the Constitution that was adopted in December 1982, is that private economy can exist as a `complement' to the public economy within limits. The evolution of the concept witnessed two other major developments: the adoption of the principle of "socialist market economy'' in 1993 (the focus then being on market economy) and the stipulation in 1999 that the private sector be seen as an "essential part'' of the "socialist market economy''.

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