PREMIER Wen Jiabao's remarks highlighting the government's concern for the plight of farmers along with proposed amendments to China's Constitution - especially on the protection of private property - were the main points of interest in the opening sessions of National People's Congress (NPC) this week.

The draft outline of the 14 proposed changes to the Constitution had first been put forward by the Central Committee of the Communist Party of China last October and adopted by the NPC Standing Committee in December.

The proposals for changes to the 1982 Constitution were the fourth to be advanced since 1988. Of the 14 suggested changes it was the fifth, concerning the protection of private property, which attracted the most attention as it would represent what has been widely described as "historic progress" in China's development if approved.

In the current Constitution, the first clause of Article 13 reads: "The State protects the right of citizens to own lawfully earned income, savings, houses and other lawful property."

The draft amendment suggests that "legal private property is not to be encroached upon" and adds the words, "the State should give compensation" to the current stipulation that "the State has the right to expropriate urban and rural land".

In China, such a right had not been honoured for thousands of years.

Respect for property

In traditional Chinese culture, society was based on the family and people's lives were firmly bound up within family groups, so they were not seen primarily as separate, independent personalities.

After Liberation in 1949, people were proud of being poor, which was taken as a mark of revolutionary authenticity as a member of the "glorious" working class.

However, with the adoption of the reform and opening up policy, great changes began occurring in China which also brought about profound changes in people's attitudes - for example, pursuit of wealth was no longer seen as something shameful.

Gradually, the problem of how to protect private property emerged. Arguments about the issue became common among scholars and legal experts several years ago when the country was preparing to enact its Civil Law Code.

"The recognition of private property is a necessary step in the development of the market economy," said Yin Xiaohu, a professor from the East China University of Politics and Law.

"The right to property is a basic part of the system in a market economy. To guarantee fair and free dealing in the market, it is necessary to protect the property rights of the different parties."

According to professor Yin, an expert on constitutional law, a main feature of the market economy was that the number of individuals who would benefit under the new system increases and diversifies when compared with the traditional economy because all the parties in the market try to achieve the greatest benefit for themselves.

Thus, there arose an urgent need to protect people's economic interests, which rely upon the security of their property rights.

It is widely accepted around the world that property rights are basic rights along with equality and freedom.

According to legal theories, material goods constitute the foundation of a person's development and a person has to strive to acquire the goods necessary for their existence. Also, the possession of certain material goods is also helpful in achieving one's independence, which, at the same time, fuels people's enthusiasm for the creation of additional wealth. To some extent, a person achieves recognition in society and wins respect through their property.

"To realize a prosperous market and thriving economy, those on mid-level incomes are of great importance," Yin said.

Feeling of security

Many experts also believe that an increase in the number of people with mid-level incomes will spur overall social development.

So it was no wonder that the proposed amendment to protect private property was endorsed by private entrepreneurs and private businesses.

By the end of last November, the number of private enterprises in China was 2.97 million, with total registered capital exceeding 334.7 billion yuan (US$40.5 billion). The non-public sector now represents half of China's national economy.

NPC deputy Wang Jing, who is also chairman of the board of a private enterprise, the Fujian Newland Science and Technology Group, told Xinhua News Agency that entrepreneurs would be reassured if the amendment were written into the Constitution.

"Protection under the Constitution could enhance people's feeling of security about their property," he said. "It would effectively rouse people's ardour to invest, and help to discourage the transfer of capital abroad."

His feeling was also shared by Sun Xiaohua, vice-chairman of the All-China Federation of Industry and Commerce, which proposed bills to the National People's Congress in 1998, 2002 and 2003 on the protection of private property.

According to an article in the China Business Times, many entrepreneurs in Wenzhou - a city in East China's Zhejiang Province where the private economy is flourishing - were transferring their wealth abroad because they were worried about the safety of their property.

"Reports about some China 'nouveaux-riches', such as Li Haicang, who was once named as one of the wealthiest people on the Chinese mainland by Forbes and who was murdered in his office, are disturbing," Sun told the newspaper.

However, the proposed amendment was not a privilege reserved only for rich people - scholars stressed it was also crucial to ordinary people and to farmers.

Equal protection

"When governments plan to expropriate urban and rural land, officials must take property rights into consideration," Yin said. "It is very important to uphold the principle of equal protection and reasonable compensation."

The relocation problem in urban and rural areas has been regarded as a disturbing issue in recent years because of growing urbanization and real estate development.

"My family was relocated in the 1990s but our neighbour, who was moved later, got a much bigger house although we had similar conditions initially. The process was not transparent at all," said a Shanghai resident, surnamed Huang. "I hope things will improve when our individual rights are fully respected."

Scholars also believed that if the amendment is approved, other problems such as migrant workers' payment defaults could be resolved more easily.

In the draft of the amendments to the Constitution, the concepts embodied in the "Three Represents" are also set down as well as the protection of human rights.

Chinese lawmakers will discuss the draft amendments over the next few days and will vote on them March 14. That will be a day to be recorded in Chinese history no matter what the fate of the amendments.