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.
