| |
WITH THE 2,799 high number of YES votes, the "Real Right Law of the People's Republic of China" (referred to as the "Real Right Law" hereinafter) was finally adopted at the Fifth Session of the Tenth National People's Congress on March 16th 2007. Since its initial drafting to official adoption, the Real Right Law has taken 13 years, undergone seven deliberations, and has set the highest record in terms of the number of deliberations for a single draft law in the legislative history of the National People's Congress of the People's Republic of China. The birth of the Real Right Law is another milestone in the legislative history of China, and also the necessary result of China's adoption of reform, policy of opening up and social economic development. In this article, the author will attempt to expound the basis, significance, characteristics and shortcomings of the birth of the Real Right Law.
The Basis of the Birth of the Real Right Law
Economic Basis of the Birth of the Real Right Law
Productivity determines relations of production and economic basis determines superstructure. Economic basis is the total sum of social production relations of a certain social stage, of which the ownership of the means of production is the most fundamental and determinate aspect, and also the basis of relations of production, for it determines the status and mutual relations of man in production, determines the relation of distribution of products, and also determines the nature of the social economic system of China. However, the form of ownership of certain means of production depends upon the certain level of development of social productivity. With the development of productivity, the relation of ownership of the means of production will be required to undergo corresponding change. (1) For a long period of time after the founding of the New China, owing to our insufficient understanding of the basic national conditions and lack of correct knowledge of what socialism is and how to construct socialism, we pursued blindly “yi da er gong” or “large in size and collective in nature”, in both theory and praxis towards the form of ownership of the means of production; we repudiated the necessity of existence of a nonpublic- owned economy and restrained the non-public-owned economic development; during the period of the Cultural Revolution of China, we had even put forward the slogan that “we'd prefer socialist grass rather than a capitalist seedling”, sliced off individual parts of the economy as the tail of capitalism, and as a result, the non-publicowned economy nearly withered away. This practice was divorced from the facts of the large population, weak economic foundation and underdeveloped productivity of China, obstructed development of productivity, and blocked China's economic and social development. Reflected in the legal field, for a long period of time, China was concerned only with ownership, rather than the right of ownership and there was no Real Right Law at all. The result was that China was in a state of scarcity of wealth for a long period of time, and many properties were destroyed, causing a state of continuous emergence of the “go-communist trend”. Since the third Plenary Session of the Eleventh Central Committee of the Chinese Communist Party (CPC), especially after Deng Xiaoping's talk delivered on his inspection tour of the South China visit in 1992, China has summarized its experiences and lessons of socialist construction after the founding of the New China, reformed those elements that do not adapt to the requirements for development of productivity in socialist production relations and those that do not adapt to the economic basis in superstructure, and established, at a preliminary level, a socialist market economic system. Today, thirty years later, a basic economic system, with public ownership…
[ End of sample | Please purchase the magazine for full articles ]
1. See also Xiao Qian, Li Xiulin, and Wang Yongxiang eds., Principles of Historical Materialism , People's Publishing House, 1983, pp. 84-173.
|
| |
Liu Gangfang, from Hubei Province, is presently Associate Professor and MA student Advisor of the School of Law at the University of International Business and Economics (UIBE), Beijing, Member of China's International Economic Law Association, Member of China Maritime Law Association and Research Fellow of the Centre for International Business Ethics. He obtained his Doctor of Law degree in the School of Law of UIBE in 2006. A Visiting scholar in the Law School, University of Wisconsin (USA) from 2000-2001, his recent publications include: Study on Legal System of Company Promoter (UIBE, 2006), Comparative Study on Legal System of Salvage Object (UIBE, 2006), etc. He has published more than 30 research papers in the International Trade Journal, the Journal of International Business Studies, the Journal of Zhongnan University of Economics and Law, International Business Daily, China Book Business Report, International Commercial Law Review, etc. He has participated in some research topics of the “Industrial Injury Investigation Bureau of the State Economic & Trade Commission” on antisubsidy measures (2002), “International Commercial Law” National Classic Course (2005) and UIBE 211 Engineering Project. He has for a long time been engaged in teaching and research in Comparative Studies on Civil Law and Commercial Law, International Business Law, Law of Salvage at Sea, Intellectual Property Law, Company Law, etc. |
back to top ▲
|
|
| Issue 5.2 |
|
Elections
in Russian Society
|
|
|
