Skin ADV
10 February 2016
AsiaNews.it Twitter AsiaNews.it Facebook
Geographic areas




  • > Africa
  • > Central Asia
  • > Europe
  • > Middle East
  • > Nord America
  • > North Asia
  • > South Asia
  • > South East Asia
  • > South West Asia
  • > Sud America
  • > East Asia

  • mediazioni e arbitrati, risoluzione alternativa delle controversie e servizi di mediazione e arbitrato


    » 07/11/2005, 00.00

    CHINA

    China's first property law drafted



    Agricultural land can be seized only if it is in the public interest and after proper compensation is paid, but loopholes in the draft law leave things open to abuse.

    Beijing (AsiaNews/SCMP) – Beijing has published its long-awaited draft on the first comprehensive legislation on property rights. The text recognises private property rights and compensation should property be expropriated.

    Some observers are hopeful that should the bill become law "it might reduce social unrest in the countryside where people have been subjected to virtual land confiscation". But, the law contains loopholes that might still lead to abuses by local officials.

    By the end of June, the Commission for Legislative Affairs of the Standing Committee of the 10th National People's Congress (NPC) deliberated on the draft law on property rights for three times.

    Since yesterday, the text of the draft is available online and citizens can offer their opinions on the draft law until August 20. Afterwards, the Commission will revise it in light of citizens' opinions and submit the revised draft to a fourth deliberation. It will then go to the next plenary session of the 10th NPC, which I scheduled for March, for the fifth and final deliberation before voting.

    This legislation will represent the first formal recognition of private property rights in the People's Republic. It is especially important for China's farmers who would be granted the right of compensation when their land is seized in the public interest.

    In recent years, managers of state-owned companies have taken over properties for personal gain rather than in the public interest, thus causing mass protest.

    Under the new law, citizens could turn to the courts to protect their property rights and sue on civil, administrative and even criminal grounds those who violate them.

    For many analysts however, the draft law has too many loopholes that could lead to abuses.

    "Protecting property rights is a way to foster China's development, which is driven by the private sector. And protecting such rights is the basic step to the rule of law and the building of a democratic country," Hu Xingdou, a Beijing-based political scientist, said.

    "Despite a clause stating that people would be 'reasonably compensated' and 'accommodated' during demolition or the taking over of properties," Professor Hu said, "the terms remained vague".

    "What is reasonable compensation and proper accommodation? And [what about] the needs of the public interest? Some officials use public interest as an excuse for forced evictions for their own good," he noted. And with many loopholes, the risk of social unrest rises.

    For Hu, the ultimate solution to protecting private property lay in an independent judiciary and a government that was answerable to the people. 

    e-mail this to a friend Printable version










    See also

    30/12/2005 CHINA
    Beijing admits to "widespread" violations against workers

    Local governments, lazy and negligent, and unscrupulous entrepreneurs have come under fire. More than 80% of small and medium-sized enterprises do not give work contracts and often do not pay out wages.



    05/03/2004 China
    Will amendments really be made in Constitution for property and human rights?


    12/03/2005 CHINA
    One criminal suspect in five is a juvenile


    04/03/2005 CHINA
    Chinese legislative and consultative institutions (an overview)


    14/03/2004 china - npc
    Amendments on private property and human rights accepted

    The Communist Party remains the ruling party





    Editor's choices

    CHINA – VATICAN
    Global Times: the pope should accept the independence of the Chinese Church



    After 24 hours of silence, China’s media today published excerpts, comments and editorials about Pope Francis’ interview with Asia Times. Although the pope did not address religious issues or Church problems, many saw the interview as an attempt to improve diplomatic relations between China and the Vatican, and advised Francis to accept Mao Zedong’s "three principles of independence" (theology, administration, jurisdiction), which would leave the power to appoint bishops in the hands of the Party. The People's Daily’s Global Times publishes an editorial on the issue.


    INDIA – PHILIPPINES
    Archbishop of Guwahati: In Asia religion is not dying, the faithful take strength from the Eucharist



    Mgr Menamparampil is among the speakers at the International Eucharistic Congress in Cebu, Philippines. He was also a conflict mediator between various ethnic groups. He told AsiaNews about the value of the Congress for the Catholic Church in Asia and how people can bear witness the Gospel today, even amid tensions and violence of those who "hate us." "with the same pain in our hearts that we descend to our depths during a Eucharistic adoration."


    AsiaNews IS ALSO A MONTHLY!

    AsiaNews monthly magazine (in Italian) is free.
     

    SUBSCRIBE NOW

    News feed

    Canale RSScanale RSS 

    Add to Google









     

    Terra Santa Banner

    2003 © All rights reserved - AsiaNews C.F. e P.Iva: 00889190153 - GLACOM®