The Chinese Constitution: “Protecting Private Property and Human Rights”

On March 14, China adopted an amendment to the Constitution clearly stating private property rights and protection of human rights

The tenth National People’s Congress (NPC) passed an amendment to the Constitution in which thirteen articles in total were revised during the second meeting closed that day. This is the fourth revision of the 1982 Constitution called the Reform and Opening Constitution.

It revised the Constitution to elevate private property to an equal position with public property by inserting a clause stating that “Citizens’ legal private property should not be infringed.” Also included was a new clause that the “The Nation should encourage, support and lead economic development of non-public systems.”

Through these amendments, China’s Constitution has more capitalistic color. It reflected a reality in which the privately-run economy accounts for 64 percent of the GDP and private businesses hire 90 percent of the working force due to reforms and opening for 25 years.

By inserting the Three Representative Theory into the full text of the Constitution, the communist party’s supporting foundation has increased as the Constitution guarantees that more capitalists can join the party. Drafted by the president of the Central Military Committee Jiang Zemin, the theory asserts that the Communist Party represents benefits of working farmers, private entrepreneurs and intellectuals.

Yoo-Seong Hwang yshwang@donga.com