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Among the clauses proposed in the draft, two of them are of
central importance to legal experts: the protection of private
property, and the guarding of human rights. Professor Jiao
Hongchang from the China University of Political Science and Law
says the constitutional protection of private property is a
necessity in present day China.
"Ownership of private property in China has increased
dramatically in recent years. To match the country's changing
landscape, there should be new rulings in the Constitution covering
new and future ownership. The amendment can also limit the
government's power, thus protecting private property from being
violated by public powers."
Constitutional protection of private property is also a concern
of China's overall financial security. The professor says in the
past, many private entrepreneurs were afraid their property would
be taken away by the government, and transferred ownership to
foreign countries. With legal protection, private property can also
be transferred to a family's future generations, which can
stimulate people's desire to accumulate wealth. And more
importantly, this amendment will technically form a basis for
further legislation on private property protection.
Human rights protection is another amendment considered
important by the professor. He says it's a great step forward for
China's legal construction and it makes China's legal system in
line with international standards.
"Protection of human rights reflects the CPC's ruling philosophy
that government serve the people. This means government power will
be restrained and will better respecting individuals' rights. This
amendment sets the underlying purpose of the constitution, which is
the care for the people."
Zheng Jindu is a partner of the Zhejiang Liuhe Law Firm, a
privately run company in south China's Zhejiang Province, where the
private sector has been prosperous for decades. As a person working
in legal circles, he has a deep understanding of the necessity of
constitutional protection of private property.
"Previously, the constitution focused more on the protection of
state property and collective property, but it has some
shortcomings in protecting private property. As an individual
possessing property, I now feel more secure with my wealth. This is
good for the creation of social wealth, and good for economic and
social stability."
He says following the amendment, there should be a clear
definition of lawful private property that is entitled to legal
protection.
(CRI March 9, 2004)
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