Chinese lawmakers have achieved an ideological consensus on the
proposed property law, after the latest version of the text upheld
the equal protection of state and private property.
On Wednesday, debates on the draft law, which is in its fifth
reading in the top legislature, moved on to 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
National People's Congress (NPC), referring to the clause that has been
added to punish managers 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 law specifically to protect private ownership,
would undermine the legal foundation of China's socialist
economy.
This worry is believed to be the major reason for the withdrawal
of the draft law from the NPC full session in March, as legislative
sources said 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, member of the NPC Standing Committee.
However the debate is not over, as lawmakers still hold
different opinions on specific issues of the sweeping law.
Some lawmakers said the law should allow some 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 their search for cleaner air and clearer water, and
this has become a trend," Yang said. "How can we deal with the
houses they bought 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 no place to live on.
There has been controversy over 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 at this point 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 could 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 lost their houses in the requisition
deals.
Despite ongoing disputes on several specific issues, many
lawmakers on Wednesday said the draft was almost ready to be
voted.
"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 top legislature in 2002
and has gone through a rare fifth reading. Lawmakers have listened
to the suggestions of more than 15,000 people of the general
public.
Legislative sources said the law would hopefully be passed
during the full NPC session next year.
(Xinhua News Agency August 24, 2006)