Respecting private property rights is a good start toward
establishing the rule of law in China, says a commentary in
Yanzhao Metropolis News. An excerpt follows:
The local legislators of Beijing are planning to lift the ban
against registering businesses in residential estates.
It shows the respect of the legislators for public opinion as
well as their determination to protect private property rights.
According to the Constitution, the Property Law and other
related legal texts, citizens enjoy full rights to their private
property and the State shall respect and protect these rights.
Property owners are legally entitled to the right to possess,
use, benefit from and sell their property.
When some localities imposed limits on registering businesses in
residential properties, they were actually infringing on property
owners' rights.
The regulators may have abundant reasons for this limit,
including possible negative effects on neighbors and potential
threat to community safety. But such worries do not justify a
universal prohibition against businesses in residential
estates.
As long as the property owners do not violate the interests of
others, they should have the freedom to make commercial use of
their property.
Probably, some localities limit the use of private property
because they are used to regulating every field as in the planned
economy age.
Similar situations happen frequently when the government imposes
unnecessary administrative licenses or intervenes in conflicts
between businesses.
When the Beijing legislators drop the specific limit on the use
of residential property, it marks a start of real respect for
private rights and will lead to establishing the rule of law in
China.
(China Daily March 27, 2007)