Differing opinions and a pressing need have made the legislative
progress of the draft law on property rights an issue of great
public concern.
The announcement by the National People's Congress on Wednesday
that the draft law will be further studied represents a welcome
effort to dispel the clouds gathering over the legislation.
The adjustment of the national legislature's timetable might
disappoint advocates eager to introduce the law. But it by no means
signaled a concession to opponents who would rather stop
legislation before differences were settled.
As the country is striding ahead along the road of reform and
opening-up to build an overall moderately well-off society, a new
law on property rights is urgently needed.
By fleshing out the principle of equal protection of state,
collective and private property, the property law will be of
far-reaching significance to the nation's sustained development, as
well as to every individual's welfare.
On the one hand, enhanced protection of state-owned assets is
crucial to facilitating the market-oriented reform of state-owned
enterprises.
Only when proper legal protection is in place to prevent loss of
state assets can state firms undergo drastic ownership reforms to
raise their efficiency.
The recent controversy about the legitimacy of management
buyouts carried out in some state-owned enterprises is just one
example of a case that needs clarified legal support.
On the other hand, equal protection of private property will
help create a level playing field for all enterprises in the
country.
The private sector has proved to be a very dynamic part of the
national economy. Fair competition between private and state firms
will boost the efficiency of both and benefit the country's
economic growth as a whole.
For individuals, generally speaking, strengthened protection of
private property will encourage them to make the most productive
use of their growing wealth to improve their living standards.
From a more day-to-day view, redefined property rights can help
address problems in people's everyday life.
In rural areas, farmers' rights to the use of land have yet to
be fully protected when the land is requisitioned. In cities,
intensifying conflicts between house owners and property management
companies also add to the urgency of the legislation of a new
property law.
By soliciting more than 10,000 suggestions on the draft law last
year, the national legislature has set a remarkable example of
public participation in legislation. The huge number of opinions
indicates how important people think the issue is.
It is understandable and appreciable that legislators are trying
to make a property law to meet the burning needs of the country and
the people.
But many of those problems the law is supposed to target will
not be fixed any time soon unless a consensus is reached among an
overwhelming majority of the people.
The importance of the law should not be stressed at the cost of
the quality of legislation, which rests on its smooth and effective
implementation.
In this sense, the national legislature's decision to do more
research on the property law is a responsible act.
(China Daily March 3, 2006)