Landmark property law takes effect, interpreted, praised by President Hu

Landmark property law takes effect

www.chinaview.cn 2007-10-01 14:46:57 Print

BEIJING, Oct. 1 (Xinhua) --

China's landmark Property Law that provides equal protection to both state and private properties was put into effect on Monday.

The law approved by the national legislature in March after repeated revisions and unprecedented eight readings is seen as a significant step in the country's efforts to further economic reforms and boost social harmony.

The 247-article law stipulates that no units or individuals may infringe upon the property of the state, the collective and the individual.

"The law will inspire people's enthusiasm to create wealth and is helpful for them to fully enjoy the fruit of reform and opening-up," said Xu Xianming, president of the China University of Political Science and Law.

To give equal protection to private property by law is in accord with the Constitution, the proposition of the Communist Party of China and people's common requests, according to Wang Liming, a professor of Renmin University of China who participated in the legislation process of the law.

However, the bill had met with doubts and opposition from people who argued private property should not be leveled with state property.

In response, senior legislator Wang Zhaoguo said during the parliamentary full session in March that it will be impossible to develop the socialist market economy or to uphold and improve the basic economic system of socialism if equal protection is not secured.

"Under China's socialist market economy, all players (meaning both the state and the individuals alike - ccun.org editor) enjoy the same rights, observe the same rules and bear the same responsibilities," said the vice chairman of the Standing Committee of the National People's Congress (NPC), China's top legislature.

To address public concerns over fraudulent acquisitions and mergers of state property, the law stipulates that illegal possession, sharing, and destruction of state property is prohibited. Those who cause loss of state property shall bear legal liability, according to the law.

The concept of improving the protection of private property was first brought up at the 16th National Congress of the Communist Party of China held in November 2002. In March 2004, the NPC adopted a major amendment to the Constitution, stating that people's lawful private property is inviolable.

Editor: Mo Honge

China to issue judicial interpretation on Property Law

www.chinaview.cn 2007-08-20 15:15:43

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BEIJING, Aug. 18 (Xinhua) --

The Supreme People's Court (SPC) will promulgate judicial interpretations on Property Law, Corporate Bankruptcy Law and regulations of criminal evidences in 2007, according to a SPC annual plan on judicial interpretations.

The landmark property law was adopted on March 16 after taking 13 years to wind its way through the legislative process.

The law, which will come into effect on Oct. 1, states, "The property of the state, the collective, the individual is protected by law, and no unit or individuals may infringe upon it."

Legal experts said the property law was a significant step in the country's efforts to further economic reforms and boost social harmony, but as some articles were vague, courts would have difficulty in applying it.

A SPC official said the supreme court had ordered courts across China to organize training sessions on the Property Law. Courts were required to submit experience tips of handling property cases to the supreme court for reference.

"Opinions and suggestions from local courts, legal experts and members of the public will be taken into consideration," he said, adding the SPC has already received more than 50 suggestions on judicial interpretations of various laws and regulations, 10 of which were put forward by people outside the law circle.

The SPC will reply each proposer in written form every time after a final version of a judicial interpretation takes shape, said the official.

Editor: Wang Hongjiang

President Hu stresses importance of property law in protecting people's interests

www.chinaview.cn 2007-03-24 20:44:35

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BEIJING, March 24 (Xinhua) -- Chinese President Hu Jintao calls on the nation to study conscientiously the property law and create a new situation in building socialist country ruled by law.

Implementation of the property law should be based on the actual condition of China in the initial period of socialism. It should serve the fundamental interests of people and help build a socialist harmonious society, Hu said at a group study by the Political Bureau of the Central Committee of Communist Party of China (CPC) on Friday.

Hu, also general secretary of the CPC Central Committee, urged people to have a better understanding of the significance that the property law gives equal protection to the state, collective and individual property rights, unswervingly stick to China's basic economic system, safeguard the lawful rights and interests of Chinese people and make the legal system perfect.

China's top legislature, the National People's Congress (NPC), adopted the landmark property law on March 16, granting equal protection to public and private properties, which is due to come into effect as of Oct. 1, 2007.

Hu praised the law as an important step to form a legal system of Chinese characteristics and a significant move to implement the basic strategy of governing the country according to law.

He urged leading officials to take the lead in studying and implementing the property law and correctly handling the relations between power exertion and protection of people's rights.

He also asked officials to deepen reform, improve the socialist market system and create a more fair and open market order.

Liang Huixing, a researcher with the Chinese Academy of Social Sciences, and Wang Liming, a professor of People's University of China, were invited to give lectures on the enactment and implementation of the property law during the group study.

Editor: Lin Li

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