Chinese constitution and the rent

Wei Ming

Countries with socialist transformation by began1956Issued a series of "the house" policy, and1978Since the implementation of the so-called housing policy documents, with the form of government documents attainder, contradiction and Chinese constitution, to China according to the constitution, the rule of law is covered with a thick layer of haze.

Whether China1954After the introduction of the first "constitution" year or eleven of the Third Plenary Session of the1982"Constitution" explicitly to years of private houses into people's legal property as the constitutional protection category.

The two constitution civilization meaning clearly underlined the regulation of political parties and determination of power and the protection of private property and the state.

The housing rights of the people's Republic of China is peaceful and law-abiding citizens,Enjoy the constitutional property rights are not violated the rights of.

When was the transformation of the rent is rented by the owner of the lawful private property, they are held after the founding of people's government issued by the real estate management authority certificate, issued by the legitimate government of property ownership certificate is the government confirmed on civil legal property and its legal protection commitment. However, countries have the force forced the private property owners and conclude entrustment leasing private houses, and finally deprived of their housing ownership. Such as changeable as clouds and rain, lose the trust of the people, black and white impermanence practice, is the Republic of China legal history.

The formulation and implementation of housing policy began1956Years or two years after the promulgation of China first constitution. In a wanton encroach on the legitimate property of citizens constitutional and legal government issued in the country of the file is unbelievable. It introduced against any political party, group, organization must act within the scope of the Constitution and the law permitted criterion.

As everyone knows, the government at all levels of the administrative organ and the court is not a legislative body, which has no rights to issue and constitutional civil rights and interests of citizens against predatory and property rights and interests of the file, this completely to those deprived of the housing management authority housing ownership is the theme of the illegal.

Moreover, since it is the "economic rent" must have "the meaning and essence of rent", we must follow the principles of equality, voluntariness, the old consensus consensus. However, the establishment of the housing policy implementation, and intensified, later departments in different period issued documents without exception beckons unilateral state force and random, the housing management authority is passive and absolute obedience.

Originally the lawful property rental owners, the government never completed pursuant to the law authority to change procedures, only a piece of "file" was owned by the state. A little common sense of people are clear, the real academy as a property the ownership changes transfer must contract or written offer to perform, or legal theory is untenable, is not recognized by law.

Win universal praise of modern drama "the white haired girl" in the despotic landlord Huang Shiren take you, as a "legitimate" deed, even using violence forced Yang Bailao signed stamped, and effectiveness of contracts legal status in the generation of social political and economic life. However, the housing management authority changes even such a force's signature stamped or signed agency forms are not.

The government has made housing ownership is in China have legitimate government, the Constitution and the law China time achieved, it and the government must act according to law and the principle of constitution and the basic law China complete mental deviation.

State Housing unconstitutional violations not because of this policy is the main government change the illegal nature, this is be above suspicion doubt.

After 1978 the government has promulgated a series of so-called implement the housing files, without exception, keep from talking about the housing policy unconstitutional, illegal nature, be all in one story to talk about "respect history, maintain private reform achievements", these documents makers collectively exhibit and basic laws on the China constitution ignorance and contempt. In this case, the "anti rightist", the "Cultural Revolution" · · · · · ·, there are historical, it should respect the results? This paradox and the Central Committee of the Party advocated "the constitution is the country code of conduct", "rule of law", "bring order out of chaos, seek truth from facts, Mistakes must be corrected whenever discovered" concept be misfits. To maintain private reform achievements, but the maintenance is unconstitutional, illegal and breeding policy over the constitution, the law of natural disaster, rational, cause endless trouble to future.

China constitution in the housing problems of the public power insolence and fragile. Unconstitutional, a fifty years without waking nightmare.

As the old saying goes "politicians, is also", "the state does not benefit from benefit, it benefits from justice". In the housing issue, how to treat national rules, related to the maintenance of the dignity of the constitution, to restore law and existing state, and related to the government's moral bottom line, but also related to the future of the country.

The rent - Republic of China legal history absurd freak, like a ghost, attached to the more than half a century of the history of the Republic, the spirit is still left people endless confusion, sadness, fear and not thinking, its connotation and extension is extremely heavy, people look forward to reveal, reduction of Republic of China law society fairness, justice.