China Backs Property Law, Buoying Middle Class

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China Backs Property Law, Buoying Middle Class
By: Joseph Kahn, New York Times
19 March 2007
 

BEIJING, Friday, March 16 — After more than a quarter-century of market-oriented economic policies and record-setting growth, China on Friday enacted its first law to protect private property explicitly.

The measure, which was delayed a year ago amid vocal opposition from resurgent socialist intellectuals and old-line, left-leaning members of the ruling Communist Party, is viewed by its supporters as building a new and more secure legal foundation for private entrepreneurs and the country’s urban middle-class home and car owners.

But delays in pushing it through the Communist Party’s generally pliant legislative arm, the National People’s Congress, and a ban on news media discussion of the proposal, raise questions about the underlying intentions and the governing style of President Hu Jintao and Prime Minister Wen Jiabao, experts say.

Despite a high level of interest among intellectuals and businessmen and the unexpected decision last year to withdraw the measure from the legislative agenda at the last minute, neither leader has spoken about the matter publicly.

Mr. Wen’s two-hour address to the nation on the opening day of the annual two-week legislative session last week did not mention property rights.

The measure could not pass the legislature, which acts under the party’s authority, without the active support of the top leadership. Yet the conspicuous silence of Mr. Hu and Mr. Wen appears to be a form of tribute to the influence of current and former officials and leading scholars who argue that China’s economic policies have fueled corruption and enriched the elite at the expense of the poor and the environment.

“My own view is that the leftist voices that have emerged are not going to disappear because we have a property law,” said Zhu Xueqin, a historian and government expert who supports the law. “On the contrary, they are stronger now than they have been in some time.”

The leadership did not so much overcome opposition to the property law as forbid it. Unlike in 2005, when leaders invited broad discussion about property rights, the latest drafts of the law were not widely circulated. Several left-leaning scholars, who favor preserving some elements of China’s eroded socialist system, said they had come under pressure from their universities to stay silent.

When one financial magazine, Caijing, defied the Propaganda Department’s ban on reporting on the matter and published a cover story last week, it was ordered to halt distribution and reprint the issue without the offending article, people associated with the magazine said.

While the law’s final wording — and the nature of any compromises necessary to build a consensus to pass it — remain unclear, many mainstream scholars and business people have welcomed it.

Several said they also approved of the way Mr. Hu and Mr. Wen had handled the opposition.

“I think the low-key approach was the best way to get this law passed,” said Mao Shoulong, a public policy expert at People’s University in Beijing. “The point is to enact a new law, not to pick a fight.”

Mr. Zhu agreed. “Their style is to say less and do more,” he said.

But the leadership’s strategy did not resolve the underlying tensions. Hundreds of scholars and retired officials signed a petition against the law, which they said “overturns the basic system of socialism.”

The petition claimed the law did too little to distinguish between private property gained legally through hard work and public property that falls into private hands through corruption. They also argued that China could not give state-owned property and private property the same legal status and still call itself socialist.

Supporters of the law dispute the assertion that it will protect the ill-gotten gains of corruption, arguing that it will protect only legal property.

Themes
• Access to natural resources
• Access to natural resources
• Access to natural resources
• Accompanying social processes
• Accompanying social processes
• Adverse possession
• Advocacy
• Advocacy
• Advocacy
• Architecture
• Architecture
• Armed / ethnic conflict
• Armed / ethnic conflict
• Basic services
• Basic services
• Basic services
• Children
• Children
• Commodification
• Commodification
• Cultural Heritage
• Cultural Heritage
• Demographic manipulation
• Destruction of habitat
• Destruction of habitat
• Destruction of habitat
• Disability
• Disability
• Disaster mitigation
• Disaster mitigation
• Discrimination
• Discrimination
• Discrimination
• Displaced
• Displaced
• Displaced
• Displacement
• Displacement
• Displacement
• Dispossession
• Dispossession
• Dispossession
• Education
• Education
• Elderly
• Elderly
• Energy
• Energy
• Epidemics, diseases
• Epidemics, diseases
• ESC rights
• ESC rights
• ESC rights
• Extraterritorial obligations
• Extraterritorial obligations
• Fact finding mission/field research
• Farmers/Peasants
• Financialization
• Financialization
• Financialization
• Food (rights, sovereignty, crisis)
• Food (rights, sovereignty, crisis)
• Forced evictions
• Forced evictions
• Forced evictions
• Gentrification
• Gentrification
• Health
• Health
• Historic heritage sites
• Historic heritage sites
• Homeless
• Homeless
• Homeless
• Housing crisis
• Housing rights
• Housing rights
• Housing rights
• Human rights
• Human rights
• Human rights
• Immigrants
• Immigrants
• Indigenous peoples
• Indigenous peoples
• Informal settlements
• Internal migrants
• Internal migrants
• Internal migrants
• Land rights
• Landless
• Legal frameworks
• Legal frameworks
• Legal frameworks
• Livelihoods
• Local Governance
• Local Governance
• Local Governance
• Low income
• Norms and standards
• Norms and standards
• Norms and standards
• Property rights
• Public policies
• Public policies
• Public policies
• Public programs and budgets
• Public programs and budgets
• Public programs and budgets
• Refugees
• Refugees
• Religious
• Religious
• Reparations / restitution of rights
• Research
• Research
• Right to the city
• Right to the city
• Security of tenure
• Security of tenure
• Security of tenure
• Stateless
• Stateless
• Subsidies
• Subsidies
• Temporary shelter
• Temporary shelter
• Tenants
• Tenants
• UN system
• UN system
• UN system
• Unemployed
• Unemployed
• Urban planning
• Urban planning
• Water&sanitation
• Water&sanitation
• Women
• Women
• Youth
• Youth

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