Private Property in China
The Economist is jolly excited about a new law being passed on private property rights. In fact, the law is merely a rubber stamp on what is already going on (in China these days, they tend to make the laws to suit conditions rather than try to shape conditions to suit the laws - a much better system if you ask me.)
It's yet another sign that the Party really ought drop the word 'Communist' once and far all.
Governing China | Caught between right and left, town and country | Economist.com
Many of the law's provisions are contained in other regulations issued in recent years. But supporters of the bill say that combining these elements into one law enacted by the country's top legislature would give them additional weight. Yin Tian of Peking University says the law will be a mark of the government's respect for private property and could help to reinforce social stability by reducing disputes. The draft tries to streamline the registration of property sales and make it easier for interested parties to check details. The difficulty buyers have in getting such information results in frequent ownership wrangles after deals are completed.
Farmers, whose main concern relates to land-ownership rights, would also have something to gain. The good news is that the latest draft, unlike the 2005 version, gives farmers the right to renew their land-use leases after they expire. Unlike urban land, which is state-owned with usage rights granted for periods of between 40 and 70 years, rural land is “collectively” owned. Farmers are given 30-year leases (though often no supporting documents) to use plots of land. But the law will put no new limits on the government's powers to appropriate land. It also says that village committees represent the collective. These are supposedly democratically elected but party regulations still give unelected party chiefs the final say over village affairs. Most important, the ban on mortgaging farmland will remain.
