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The All-China Federation of Industry and Commerce (ACFIC), an
influential non-government organization representing the country's
industrialists and business people from both the public and
non-public sectors, has urged an amendment to the Constitution with
regard to a better protection of private property.
The ACFIC has submitted a proposal to the just-opened First Session
of the 10th National Committee of the Chinese People's Political
Consultative Conference (CPPCC), China's top advisory body on
Monday, asking for a Constitutional amendment so as to "improve the
legal system for the protection of private property", the China
Business Times newspaper reported Monday.
The proposal suggests that the Chinese Constitution, which now has
different specifications concerning the protection of public and
private property, be revised to show "an equal treatment" to both
types of property.
According to the proposal, the amended Constitution should
explicitly state that it represents the citizens' basic right to
possess private property and this right is under State protection.
Under no circumstance, should any organization or individual be
allowed to seize or damage the private property of others.
If
the State government, out of concerns for public interests, has to
nationalize or commandeer the property of some enterprises and
individuals, it must give ample and convincing explanations and
make due compensations, says the proposal.
The proposal further notes that without the Constitutional
amendment, it would be absolutely impossible to revise other
existing laws and step up the protection of private property in
China.
This is not the first time for the ACFIC to set forth such a
proposal. In China, an amendment to the Constitution has to be
deliberated and approved at the once-a-year full session of the
National People's Congress, the top legislature.
The proposed agenda for this year's NPC session, or the First
Session of the 10th NPC, however, would not include any
Constitutional amendment. The impending session, traditionally held
concurrently with the annual session of the CPPCC's National
Session, is due to begin in Beijing Wednesday.
At
its 16th National Congress held in Beijing last November, the
leading Communist Party of China (CPC) declared that "all
legitimate income, from work or not, should be protected" and
pointed to the necessity to "improve the legal system for
protecting private property", triggering speculations about a
possible Constitutional amendment.
(Xinhua News Agency March 4, 2003)
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