A violation of the Constitution and deviated from the principles of socialism "property law (Draft)" --

As the "constitution" of twelfth and 86 years of "general principles of civil law" article seventy-third of the abolition of the open letter writing

Dear Wu Bangguo chairman of Standing Committee of National People's Congress and turn:

I as a member of the Communist Party of China, a citizen of the Peoples Republic of China and engaged in a legal teaching and research for many years professor has spirit, conscience, knowledge and experience, that the people's Republic of China Property Law Office of the NPC Standing Committee announced the "(Draft)" (hereinafter referred to as "the draft"), is a department of basic principles, deviating from the socialist history of reversing the "draft", not through the principle of modification, the National People's Congress has no right to through the "draft", because it is the product of unconstitutional act! (see Appendix)

"Spirit and basic principle of the draft" is a departure from the basic principles and position on the Marx doctrine, is to China Communist Party from about legislation of socialist direction and principle, is a departure from the * * * Comrade as general secretary of the CPC Central Committee on Scientific Outlook on Development and the construction socialism harmonious society's basic spirit and requirements.

One, "draft" of the Constitution and the "general rules of the civil law" the core provisions of the repeal is unconstitutional

I think, a revision of the Constitution in 04 years when not fully achieve the purpose to in the formulation of "property law" to achieve. The socialist constitution with the capitalist constitution as a fundamental difference, is reflected in how to deal with the problem of private ownership. "In the past, all the constitution spirit, and the Democratic Republic of the Constitution and the basic contents are summarized in a private ownership." (Lenin) and won the victory and failure of the abolition of private ownership is the main performance of the ruling class, so the constitutional recognition of socialist public ownership, is the most obvious sign to distinguish the capitalist constitution, and the "socialist public property is sacred and inviolate" became one of the most essential characteristics of the constitution of the socialist. For the majority of workers and the people of the whole country, the public ownership and the national property is the property of each of them is the most important and basic guarantee of the most fundamental and reflection. No national and collective property rights, every citizen's right is not possible. However, in our country, on one hand people for "constitutional principles of socialist public property is sacred and inviolate" to make every attempt to be abolished, and in essence to "spirit and the principle of the inviolability of private property" replace sb., it is worth vigilance! In the "constitution" and "general principles of civil law" clearly stipulates that "socialist public property (National) inviolability" principle, public property also so violated and damage, if not specified, it be unbearable to contemplate! So, "draft" the abolition of this provision, inconsistent with the "general principles of civil law" is the basic spirit and provisions, in violation of the principle of continuity of legislation, but also the unconstitutional act.

Two, "draft" in the form is the equal protection of the real right of every citizen, the core and key is right in the protection of a handful of people

"Draft" is to protect private property rights as the core, the protection of the public right to foil; to protect the personal property as the core, the protection of national, collective property to foil; to protect the individual has the property as the core, protection of national security but actually lack, or no operation and the possibilities for the object in order to protect the huge foil; very few people have the prerequisite and basis of the property as the core, to protect the vast majority of the people and the minimum needed, daily life, however, the object is small property to foil.

According to the basic principle of system theory, although the legal provisions in 98% single analysis may be good, reasonable and scientific, but, if there are 2% terms is wrong, then you can decide the whole of the legal nature of error. This is about to see what all the terms are in accordance with the spirit and principles to integrate, to see the 2% terms are in the whole of the legal status and role, otherwise, why there will be "four two stroke Jack"?

"Draft" is wrong in the key and the core terms! Public property instead of socialist public ownership legal protection in China as the equal rights of citizens material premise and the economic base of the (socialist public property, state property), on the contrary, at present our country privatization thought influence, the public sector of the economy has actually not the dominant and the dominance of state-owned economy has cases of severe damage, not only does not change this situation, the consolidation and development of China's socialist economy foundation from the legal to confirm the direction, provide measures, but confirmed the present this kind of condition, it is confirmed that a handful of people vested interest and social wealth through illegal means to seize the right. "The draft" embody the basic spirit and reflects the fundamental tendency, will further accelerate the privatization process, the polarization between the rich and the poor, the greater the poor and the serious social differentiation and sharp opposition.

Three, this is a departure from the socialist principles, property law reversing history ""

Socialist said equality, refers to: first, Marx's armed Communist Party led the people to overthrow the reactionary regime, establishment of the regime, the state power, the people's political have equal rights, which is the premise of the socialist equality rights of citizens; so we want to uphold the people's democratic dictatorship, the Communist Party's leadership, adhere to Marxism Leninism and Mao Zedong Thought; second, by the state, the private ownership of the abolition of production, establish and defend the socialist public ownership of the means of production, so that every citizen equal share of production, thereby eliminating the exploitation may, equal rights for citizens of the material guarantee, which is the basis of socialist equality and the rights of citizens, so we must adhere to the socialist system (Deng Xiaoping said five features of socialism can have.) ; third, in the political and economic equality was established at the same time, the Communist Party must pass the national power to make laws, confirm the citizen's political and economic rights in legal form or.

The socialist equality, is after the establishment of the proletarian dictatorship, based on the abolition of capital or money privileges, based on public ownership of the means of production, the premise is the possession of means of production in the equality of citizens, the same labor get equal pay for equal, in simple terms is labor, equality. While labor -- reflects and embodies the essence of human activities, for the vast majority of people, measured by the scale and allocation decisions life data, with the vast majority of the interests of the people, in line with the socialist fairness and justice. The proletarian party and the state power to maintain the socialist system of ownership, is to the material foundation to ensure equal civil rights, but also the material basis of the ruling Communist Party to maintain their own, if the loss of this foundation, so the Communist Party there would be no place!

Since the reform and opening up, especially in recent years, because of the influence of Western New Liberalism Economics and the "Washington consensus", a few domestic in order to take the capitalist road, in order to lay the foundation and a meritorious state-owned enterprises get across new Chinese economy, state-owned enterprises to "low efficiency", "raise slug", the name do a good job, essentially to death in state-owned enterprises, low-priced to sell state-owned enterprises, (remember the * * * once said, where to sell? Is sent, is sell send.) The state-owned large enterprises assets, many workers forced layoffs, causing serious economic and social problems today, for the Party Central Committee and the government created a very difficult job situation and bring the global passive.

In recent years, and the people through the so-called state-owned enterprises of the so-called "shareholding", "buyouts", "Guotuiminjin", MBO (management buy outs), measures and means of strategic reorganization, a multitude of names from the socialist, the state-owned enterprises have left many, really is "who also say not clear"! Today, for the state-owned enterprises and state-owned property, no one has any claim of responsibility. According to the original work at the National Bureau of statistics for a lifetime old * * * and experts of scientific calculation, the state-owned industrial production at present and accounted for less than 17% of the national industrial output. Very unfortunately, individual leaders of the National Bureau of statistics still cheat people in bullying the Central Committee of the party, not to offer people a trusted digital, statistics have been published, is stultify oneself, Its loopholes appeared one after another., serious mistakes should never have.

Although our party the task is two "must do not waver", but, our many leading * * * but a mind unswervingly developing the private enterprise (the majority of private enterprises), from years ago the provincial and ministerial leaders called for "rest assured, let go, boldly" called for the development of private economy, later, even with the policy to "relax", namely, the private economy "four place"; but for the development of state-owned enterprises, has not caused enough attention and do useful work, because their interest was not in here, they deliberately plan to make the state-owned enterprises in a very embarrassing situation, that is the so-called "national treatment" to fight for the state-owned enterprise's tragedy! The formation of said some masses "communist" into "private party"!

Speaking of equal protection under this circumstance, it is a beggar begging for food sticks and bowl and minority machine, automobile, equal protection! Is the ordinary residents of the housing, and even houses like those senior villa windfall for protection! If the current "draft" idea, form is only for the capital of equality, not to protect the labor equality. This and the capitalist society and what is the difference? Have no right to object or the object of the right is seldom the case, what is the equality of the subject at all? This and the capitalist equality there a difference? Protecting something that I never have what use? I don't need to protect the things I never had! No more need to protect me never could have some things! In the possession of means of production, one is worth millions, tens of millions, hundreds of millions of the rich, is a pauper, so not what equality! "Draft" adjustment of the premise and the object itself is not established!

In recent years, the mine continuously, which is mainly the private coal mine (such as the August 8th Guangdong), collusion to events in Dingzhou, Beijing and Huailai happen acres of corn "crying" (80% reduction) events and so on, is there? By chance? Wen the kind of migrant workers who are paid for irony? CCTV is not reported in Shandong Zibo City, a state-owned enterprise "left hand down the right hand, the public private" case? All of this is not the production data of a scourge of privatization?

If the current through this "draft", the inevitable against the fundamental intention Chinese most citizens and damage their long-term interests, deepen the material basis China destruction of the ruling Communist Party, the party and government relationship deteriorated, resulting in greater social risks and disastrous consequences, for the socialist harmonious society is one of the largest and the fundamental this is a serious threat, your friends and gladden enemies! Deng Xiaoping had said: "the problem of poverty China to solve one billion problems, the development of one billion people. If capitalism, there may be a few people rich, but a lot of people will be in poor condition for a long time, Chinese happens revolutionary problems." Notice, revolution, a society cannot as heretofore reign and management continues, a lower society not image that live. This is not "can not" live that way, but not! And the greatest source of China's current social instability is not privatized?

I think that the "draft":

1, departure from the Russian Civil Code socialist tradition and concept, cater to the capitalism civil law principles and concepts, people in the "slavishly copy bourgeois civil law" "copy the old bourgeois civil law concept";

2, from the fine tradition of people s democratic legal system and after the founding of the Chinese revolutionary base, the old traditional method to cater to the bourgeoisie, it with the "Six Laws" not what the fundamental and the principle of difference;

The principles of socialism from 1986 3, "general principles of civil law", to cater to the capitalist globalization and Neo liberalism economic fallacies;

The legislative principles and the traditional 4, departure from the Marx doctrine, to cater to the bourgeois legislation principles and traditions.

In short, this is a departure from the socialist principles, property law reversing history "".

Several problems: four, you must draw

I think we should distinguish:

1, "draft" in terms of specific, concrete principle and the whole legal relationship, "draft" in the vast majority of Clause (elements) and the specific principle is right and good, but once into the whole law (system) is a qualitative change;

2, specific to participate in the drafting of scholars, experts in the drafting of the law and the law of leader authority; expert (jurist) and politicians to distinguish; specific work of legislator should be sure, their work should be fully respected, but they have limitations, professional, and politicians, leaders and power the different organs, they should have political global view and the overall concept.

The basic principles and spirit of the 3, I am against the law, not against the 98% terms, because the provisions of the specific provision in law and form is right and scientific.

Five, question and call

I doubt:

1, why the abolition of "national (socialist public property) in terms of the principle of inviolability"? According to is one of the most basic principles of legislation constitutional laws, why not stick to this principle?

2, why not first develop the general principles of civil law, the civil law is the first sub law lay the common and basic principles, and then one by one to formulate real right law, creditor's rights law called?

3, why can not develop already included in the legislative plan of the "state-owned property" and why not make for many years "Party leadership property declaration law"?

I urgent appeal:

The strategic deployment of 1, in order to maintain the social stability of our country and to achieve the establishment of a socialist harmonious society, please first discuss problems, the fundamental principle of the constitution the socialist direction and road, public (national, collective) the relationship between property and personal property; if not this kind of words, please postpone consideration of the draft law on real right; don't put discussion to the side and details, and forget the fundamental principle is the overwhelming majority of the people; minor and details will be discussed, immediate and personal interests of citizens is to pay attention to, but can not avoid the discussion to the National People's fundamental, long-term and significant benefits.

2, immediately stop the sale or transfer of state-owned property, the property is absolutely can not be sold and enter the market at! Any organ of state power also has no right to sell the socialist state property! This is a common property, it belongs to every citizen of the country! Collective property must also have the collective members agreed to sell!

3, to develop has been included in the national legislative plan for many years, but has not promulgated "state-owned assets law", "property law" formulation of * * *. But should study and formulate the "loss of state-owned property held special law", in order to truly embody the "power for the people, love the people, benefits for the people"!

We need to create a civilization of socialist, not capitalist legal civilization in step! In twenty-first Century, we may not create our fathers have created the "like" as the feudal society's civilization of the law; it is impossible to create a French bourgeois created the "Napoleon code" that capitalist society's civilization of the code; only along the socialist countries have initiated legal civilization Avenue to move on is the only way out! The civilization of all, we must learn and absorb, however, we can not follow in sb.'s footsteps blindly imitate and slavishly copy bourgeois civil code, have to create our own unique national socialist legal civilization! If not, can only make a history of reversing the civil code, it will not leave any glory, will as a shameful page load China civilization history! But later people, when it comes to the code and talk about it to formulate and promulgate the main person in charge of the time, I dare predict, absolutely no one responsible for drafting and released the "draft" treated like me such a tiny bit of reverence and respect!

(Note: because of my physical reasons, refused any personal interviews and information transmission)

A member of the Communist Party of China, doctor of law, Peking University Professor, doctoral tutor Gong Xiantian

August 12, 2005

Annex 1, preliminary reading I found "draft", the following terms have serious problems and mistakes

(a) 1968 "general rules of the civil law" be "draft" change is the core content of the "general rules of the civil law" seventy-third, "the state property shall be owned by the whole people. The inviolability of state property, and no organization or individual may seize, encroach upon, rejection, failure." "Draft" even out "the inviolability of state property". While the current constitution of twelfth stipulates that: "socialist public property is sacred and inviolate."

(two) I think the "draft" problems and error terms:

1, "draft" seventh "the registration authority shall have the following acts: (a) requirements for real property assessment......." If the owner is not registered according to the facts or conceal how to handle? How the crime of huge property with unidentified sources in Chinese criminal law, the crime of corruption and bribery in will set up?

2, "draft" twenty-fifth "no registration fee shall be in accordance with the immovable area, the share price or volume collection,......." registration a dangerous old houses and register a villa; registration of contracted land and two acres of vegetables awning is charged as costs The protection of the interests of the rich in this remarkable!

3, "draft" fifty-fifth "road, electricity, telecommunications, gas and other public facilities, in accordance with the law of all countries, all belong to the state......." This is to the privatization of the horn! Then what can become personal! Because, only in accordance with the law for the country, according to the logic of the elimination method, the law can regulate any object property are not country! This provision in the maintenance of national interest even capitalism does not!

4, "draft" fifty-sixth "state organs on their disposable movable or immovable property, is entitled to possess, use and dispose of in accordance with the laws and the relevant provisions of the State Council right. ......" Property ownership is state property belonging to a common shared property, state organs without the legal procedure of special is the unauthorized disposition!

5, "draft" fifty-eighth " state invested enterprises, by the Central People's government and the local people's Government in accordance with the laws, administrative regulations, perform the contributor's duties on behalf of the state, enjoy the rights and interests of the owners......." The government in the absence of special regulation of the law and the specific (special) permission is not entitled to state owned property rights! The owner is the national!

6, "draft" seventy-second "state-owned enterprises, collective enterprises directly responsible and serious irresponsibility, resulting in state-owned enterprises, collective enterprises bankruptcy or serious losses, shall bear civil liability and administrative liability according to law; constitute a crime, shall be investigated for criminal responsibility......."

The state-owned assets management committee and the local people's government at their own decisions resulting losses can not bear the responsibility? Originally the socialist public ownership enterprise is not what "bankruptcy" said! Now the head of SASAC "selling the state-owned property" acts should be severely punished!

The new law was put back

In December 29, 2005, almost no one noticed, "property law" draft does not so expected submitted for consideration in the just concluded the nineteenth meeting of the NPC Standing committee.

In the past 2005, national debate about "real right law" draft, many of the media was rated as one of the major news events. It expects the process is, "property law" draft by the NPC Standing Committee nineteenth, Twentieth session of retrial, then submitted to the National People's Congress fourth meeting to vote, the time is 2006 March.

But it has changed.

More exact information from a member of the NPC Law Committee, he told reporters, "property law" draft has been temporarily shelved in 2006 -- ", should not be submitted to the National People's Congress meeting vote."

Prior to this, the domestic civil law scholars have been on the matter of rumors for a long time, but few people to disclose.

However, the reporter noted that, in December 29, 2005, according to Xinhua news agency, the meeting of the NPC Standing Committee recently passed the "National People's Congress on 2006 legislative plan". According to this legislative plan, 2006 will be to consider arrangements for the 39 draft laws, including the "property law".

The article quoted from: http://www.jcrb.com/zyw/n28/ca458127.htm