Translation - English Property Law: Equal Protection for Public and Private Property
Xinhua Daily Telegraph Second Edition
Yesterday morning a majority vote was passed at the Fifth Session of the Tenth National People’s Congress (NPC) on Property Law. Public and private property will be given equal protection, and finally, clearly defined by law.
Chapter One, Section One of the law stipulates: China’s Socialist market economic system will ensure that all market entities will enjoy equal legal status and development rights. This applies to the state, collective, individually owned property and the property rights of other interested parties. No work unit or individual person under any circumstances should be allowed to violate.
“Without equal protection, there cannot be a common development. This real protection for citizens private property ownership is not only the stipulation of the Constitution and response to the advocacy of the Party, but also the general wishes and urgent demands of the people,” states Professor Yang Lixin from the law department at Renmin University.
But whose property protection should be given priority; private or public has always been the sticking point when formulating this law. Some believe that state and other civil entities are not equal, and that they cannot be equally protected. There are also people on the other hand who believe this law to in fact a private property law, which above all protects private ownership first, followed by collective ownership and then finally the state.
“Perseverance with the fundamental economic system of Socialism is not contradictory to the equal protection of property rights. Without the former, there might be a deviation from the nature of China’s economic system. Without the latter, it would be in violation of the principles of market economics which in turn would damage the basic fundamentals of Socialism.
Of the 2889 delegates in attendance at the closing meeting, 2799 voted in favour of this law. At 10.10am the Standing Committee of the National People’s Congress, Chairman Wu Bangguo announced that the Property Law had been passed which was followed by ardent applause and cheers across the assembly room.
The National People’s Congress commissioner and President of the China University of Political Science and Law (CUPL) Xu Xianming said “China’s Property Law is a confirmation of the many systems established since the economic reform of the country, which enables people to take advantage of the fruits of the reforms and developments, and to further stimulates people’s enthusiasm to create more wealth.
Since the economic reforms of the 1970’s, China’s economy has developed very quickly and now the population are calling out for practical protection of their accumulated wealth through lawful private property ownership. It wasn’t until 1993 that the work began on drafting the first Property Law.
Later, this draft was debated 8 times by the standing committee during the 9th and 10th Sessions at the National People’s Congress. No other law in Chinese history has required such deliberation. Throughout the whole process, the NPC by means of publishing drafts, holding symposiums, seminars etc., were able to collect feedback from all number of viewpoints, and then proceed to make amendments.
In addition to public and private property equality, Property Law has added great weight to the protection of specifics within public property. Issues of concern to the public regarding the contracted management of rural land, whether land with house construction can be mortgaged, the transfer of possessions, whether contracts on constructions can be renewed on expiration, how land acquisition should be compensated, residential car parking, confirmation on garage jurisdiction as well as a number of other questions have been answered.
Property Law is comprised of 5 Sections and 247 Articles. It will come into effect 1st October 2007
Chinese to English: Gucci's Employment of Double Standards General field: Other Detailed field: Journalism
Source text - Chinese GUCCI用工的双重标准
Translation - English Gucci’s Employment of Double Standards
“ You've got to apply to drink a cup of water, report to use the toilet! Should anything go missing in the shop, all employees have to ‘pay compensation’! A pregnant woman caught supplementing her diet by eating an apple was told ‘one apple’ would be reported, but ‘as many as eight’, and she would be fired!” The uproar surrounding ‘Gucci’s abuse of workers‘ in Shenzhen, China has caused this respected luxury brand to face overnight condemnation for its use of sweatshops.
“This is the most complicated labor dispute we have run into in recent years. If managed appropriately, it can set an example for settling similar disputes” the Shenzhen Municipal Bureau of Human Resources and Social Security Bureau informed the media. Although, the regions Labor Inspections Department is still proceeding with an investigation, this incident is just the tip of the iceberg in exposing the conditions of China’s dispatch laborers.
In other countries, labor dispatch systems are strictly controlled. In China however they employ in excess of 60 million people so as to satisfy the appetites of sweatshops. Gucci had the choice upon coming to China not to adopt this type of work system; however, the pursuit of maximized benefits brought this multinational company to the final “Well, why not?” conclusion.
The Failure of Labor Dispatch
“Gucci is like a beautiful gown riddled with lice” derided a Chinese netizen.
On October 13th, the Shenzhen Federation of Trade Unions met with Gucci’s senior executives, made clear their position and proceeded with negotiations. Great efforts resulted in the laws and rights of employees being safeguarded.
However, due to flaws in the system of labor dispatch, Gucci’s labor dispute faces the complex issue of ‘regulatory accountability’. The investigation revealed that Gucci have developed a complicated labor system in their Shenzhen flagship stores. The disputes involve employees from five stores who were managed by Gucci, but had signed employment contracts another company, the Shenzhen South Oil Company.
A China Economic Weekly journalist discovered through interviews that the traditional method of hiring and then employing people to be entirely different to the current methods adopted by Chinese service industries. This process of ‘recruiting people, but not employing them’ and vice versa is now commonly referred to as ‘ Labor Dispatch’. Due to the financial crisis, many companies in an effort to economize on human resource and training budgets choose to ‘rent’ rather than ‘hire’. Workers are generally ‘rented out’ by labor dispatch companies to employers for work.
Labor Dispatch emerged in the 1970’s initially in the United States and various other developed countries. It was after 1990 that it started gradually becoming popular in China. Labor Dispatch is a type of business model which separates the processes of recruitment and hire. One party hires workers, while the other party actually employs them. The relationship is formalized with a “ Labor Agreement” between the Labor Dispatch Company and the employee. What is special about labor dispatch is that firstly, laborers are employees of the dispatch company as they sign contracts with them and secondly, they have no handling in the tasks in which the workers are employed. Under this system, an employer is only responsible for paying employees, but issues such as social security and redundancy is left to the dispatch company.
According to a survey conducted last year by the All China Federation of Trade Unions, there are currently around 30,000 labor dispatch companies operating in China which employs 60 million workers. This accounts for 20% of China’s total labor force
In clear contrast, labor dispatch is not a mainstream system of hiring in western countries. In most developed countries, labor dispatch amounts to less than 3% of its labor force. Countries like France and Belgium have laws prohibiting the use of such companies while others have laid down limitations in their regulations.
Master's degree - University of Salford
Years of translation experience: 8. Registered at ProZ.com: Dec 2012.