Print

Mail

wiki links

China needs reforms, not a property rights law

Some people have praised China's recent passage of a property rights law. They believe it is a key step in China's move toward market economics, and even a sign of the imminent end of China's "socialism." But if one steps outside the framework of economic law to look at things objectively, there are three serious issues to consider.

First, those who are ethusiastic about the law mistakenly believe that economic growth is the only facet of China's development and that perfecting market economics represents progress.

Structural issues concerning the economic system are not the only obstacles to building a market economy. Without an independent legal system loyal to the rule of law, without an informed and independent public opinion free from government control, and without a progressive spirit and culture, market economics are just deformed capitalism. China's economic development is, for the most part, precisely this. This model cannot be corrected by passing a law.

Second, China's problem isn't that it doesn't have laws. The problem is that it doesn't enforce them, making its laws worth little more than the paper they are written on. Since it first inked its Constitution, the Chinese Communist Party (CCP) has never enforced either the principles outlined in the Constitution or the country's laws. To these officials, laws are a propaganda tool serving the government. They cite laws when it suits them and tear the laws to shreds at other times.

Third, some people worry the law will be used to legalize various corrupt practices that are already widespread. State-owned assets will be swallowed, city residents will be forced to move, farmers' lands will be seized, monopolistic enterprises will exploit high prices and bank shares will be sold below value.

These concerns are connected to the most urgent problem facing China today -- political reform. Without protection from government laws, the property rights law could very easily end up as a tool for corrupt powers to legalize their corruption.

The property rights law and talk of a harmonious society are all well and good, but they are little more than empty words. Until China pursues systematic and sincere politicial reform, empty lip service won't be much to get excited about.

Wang Dan is a member of the Chinese democracy movement and a visiting scholar at Harvard University.

Translated by Marc Langer
This story has been viewed 1170 times.