Chinese Constitution Chance

[danielshrugged]

At first I didn't know what to make of the fact that China will be adding a clause to its Constitution that reads, "Private property obtained legally is inviolable." Then I realized that such a clause changes nothing, because it leaves unanswered the question of what constitutes legal acquisition of private property. For instance, does that refer to property which the state takes by force and hands over to an individual, while voluntary relationships are illegal means of acquring private property?

What do you think?

[RadCap]

I think I remember the Soviets having to privatize many or most of their farming collectives. I also think I remember this was done in the first part of the twentieth century, and the USSR didnt fall until almost the end of the century. And finally, I think I remember its fall was unrelated to its farms.

That's what I think.

[AutoJC]

In China modeling a constitution, they could always model it after the latest Russian Constitution.

[felicity]

The 1982 Chinese constitution gave individuals the right to the money they earn and save and inherit. It also gave people certain rights to run private businesses. Even the original "red red" Chinese constitution supposedly guaranteed many freedoms.

A constitution is one thing and legal practice is another. Often, when a set of amendments are made, that gives you an idea of de facto changes. Compare the "red" constitution with the 1982 one, and then again with the 1988 one.

One can take issue with specific language in the constitution. However, China has made great strides. I think that is evidence of the amount of freedom people have in certain spheres of life.

No doubt the Chinese government still clamps down hard on certain behaviour, but then the US government does the same for drug-dealers. (Before I get anyone's bile up, let me disclaim: I understand the US is the best country in the world and on a completely different end of the spectrum from China.)

No doubt the Chinese government can still throw someone in jail and not bring them to trial for years... or hold a kangaroo trial with a judge who is obligated to the executive branch and always finds for the prosecution.

China is no North Korea. I think one can predict that the government will gradually become less relevant in daily life and freedom will reign.