China Promises More Democracy in Legislation

Top Chinese lawmaker Wu Bangguo said Thursday that the Standing Committee of the 10th National People's Congress (NPC) will further promote democracy in its legislation by soliciting more public opinions.

"We will continue to publicize law drafts to collect suggestions and hold more public hearings on bills which the public care about or dispute about the most," said Wu, chairman of the NPC Standing Committee, in his annual report on the legislature's work to nearly 3,000 NPC deputies.

NPC deputies are particularly keen to take note of Wu's promise at a time when legal experts are engulfed in a battle over the country's first property law still in the making.

The draft law, which is designed to provide refined protection of private property, was originally scheduled for approval at this annual session to end on March 14. However, it was scrapped from the agenda just months ahead of the session.

Some scholars worry that the draft law may fail to protect state-owned assets by putting indiscriminate stress on private and public ownership.

The holdup of property law legislation does not mean that it will be shelved. On the contrary, it is on top of the 25 bills for 2006, according to the chairman's report. Others are related to corporate bankruptcy, supervision, emergency handling, labor contract and the fight against narcotics.

The draft property law was made public last year to seek public comments and suggestions. The draft has so far attracted more than 11,500 letters.

After reviewing various proposals for modification, the legislature summed up 10 major questions for discussion, one of which involved the protection of state-owned assets reportedly raised by Gong Xiantian, a law professor with the Peking University. He said in a letter earlier this year that such a law would "undermine the legal foundation of China's socialist economy."

"That version puts state-owned property and private property under indiscriminate protection," Gong said. "This means that people who become rich by preying on state-owned assets and taking bribes could be shielded from prosecution."

"Such a law would pose a serious violation against China's Constitution which stipulates that socialist public property is deemed sacrosanct and shall be free from encroachment," he said.

Gong's letter created an immediate uproar in the legal and economic circles. Two high-profile seminars were held in Beijing in February to counter his accusations. However, there are many who agree that more effective measures should be available in the law to protect public assets as well as private property.

In this regard, Chairman Wu said that relevant organs "are making further revisions to the draft property law on the basis of various views and suggestions."

"It will be submitted to the legislature for review when the conditions are ready," he said.

(Xinhua News Agency March 9, 2006)


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