China's new amendments to the Constitution, which highlight the protection of individuals' rights, need more specific legislation to support the concepts, law and economics scholars say.

Additional legislation is needed to translate the Constitution from a law on paper into a concrete guarantee of individuals' rights, said Hu Jinguang, a law professor at Renmin University of China.

The 10th National People's Congress (NPC), the country's top legislative body, adopted the fourth series of amendments to the 1982 Constitution at its annual session earlier this month.

The Constitution was previously amended in 1988, 1993 and 1999.

One amendment states that citizens' lawful private property is inviolable. This puts private assets on an equal footing with public property.

Under the provisions of the amendment, the nation can in some circumstances expropriate private property, in accordance with the law and when the public interest will be served. But it must compensate citizens for the expropriation, the amendment states.

In more general terms, the amendment says the country respects and preserves the overarching concept of human rights. Although this is the first time such a statement has been included in the Constitution, Chinese law has always safeguarded the rights of individual.

"Individuals are the primary beneficiaries of such a clause, since they gain the right to oppose arbitrary interference by the government into their private lives or property," said Mo Jihong, a researcher at the Institute of Legal Studies under the Chinese Academy of Social Sciences (CASS).

"All government and judicial bodies should increase their awareness of protecting private property now that the Constitution has been amended," Mo said.

Zhou Wangsheng, a professor of law with the Center for Legislation at Peking University, said the constitutional amendment is sign of major social progress.

"It not only reflects the fruits of domestic economic reform, but also tallies with trends in international economic integration and global constitutional developments," Zhou said.

But he noted that the constitutional amendment is just a prelude to further legislation.

"More specific legislation, including a separate law on the protection of private property, is needed to support the constitutional guarantee."

Mo said the draft law on tangible property rights, which is scheduled to be reviewed by the nation's lawmakers this year, will clearly define the rights of individuals in connection with their belongings. It will delineate the types and nature of these rights.

The draft civil code, which was preliminarily reviewed by the NPC Standing Committee in 2002, also specifies these rights, Mo said. He added that both laws will provide the legal basis for individuals to exercise their rights.

Recalling the egregiously postponed payments of salaries to many farmers-turned-workers, Zhang Houyi, a researcher at the Institute of Social Studies under the CASS, said more emphasis should be given to the protection of common people, especially the poor and disadvantaged.

The constitutional amendment also replaced the term "martial law" with "state of emergency," paving the way for additional legislation.

National legislators are expected to review a draft law on states of emergency at the end of this year.

"Emergency" usually refers to an unforeseen combination of circumstances or a resulting state that calls for immediate action to maintain public order and ensure the safety of people's lives and property.

"Extraordinary measures" usually involve restrictions on citizens' rights and freedoms to varying extents.

The draft bill on states of emergency will ensure that the country is ruled by law even under emergency circumstances, said Yu An, a professor of administrative law with the School of Public Policy and Management at Tsinghua University, who helped to write the draft bill.

Yu said the proposed law will set a ceiling for state power and a floor for citizens' rights, forcing the government to take rational and restricted measures during states of emergency. 

(China Daily March 31, 2004)