Much debate, at the grassroots level and in senior levels of government, has circled around China’s constitution and the degree to which it does or should protect property rights. In particular, critics have pointed to article 10, which addresses reallocation of property rights; article 13, which protects the rights of individuals to income, savings, residence, and inheritance rights; and article 39, which prohibits illegal search or entry. This popular movement ultimately has succeeded in pressing senior officials to promise to amend the constitution.
One remarkable effort to strengthen the constitution was led by retired professor Liu Jincheng in Hangzhou, himself a victim of forced evacuation. Liu organized 116 residents to sign a petition calling on Beijing officials to investigate conflicts between the constitution and Hangzhou’s demolition regulations.109 On March 7, 2003, he led a small group of Hangzhou residents in writing phrases such as “protecting constitutional law is everyone’s responsibility” on white overcoats. Wearing the overcoats, they walked to the local government compound, where two major meetings were convening. At the government compound, officials reportedly told Liu, “You may not wear this kind of clothing to petition.” Liu responded, “We are not petitioning, we’re promulgating the constitution.” Liu was subsequently arrested and remains embroiled in a series of lawsuits in Hangzhou courts.110 Other Chinese experts have raised procedural concerns about demolition regulations, arguing that they breach the constitution, the Legislation Law, the Civil Law and the Contract Law.111
[109] “Hangzhou bairen shangshu quanguo renda: Dui chaiqian tiaoli tiqi weixian shencha [One hundred Hangzhou people petition the National People’s Congress: Recommend investigation of demolition and eviction regulations for contravening the Constitution],” Falu fuwu shibao [Law Service Times], August 1, 2003.
[110] Sheng Xueyou, “Yici you zhengyide shimin ‘xuanchuan xianfa’ xingdong [A controversial instance of a city resident’s ‘Constitution promulgation’ movement],” Nanfang Zhoumo, December 4, 2003.
[111] Xie Guangfei and Wang Xiaoxia,“Rang xingzheng quanli jinkuai tuichu chaiqian lingyu [Discussion: Residential demolition and eviction disputes unceasing, remove power away from the area],” China Economic Times, October 15,2003. Zhang Fan, “Chaiqian jiufen beihou you zhongda falu wenti [Serious legal problems in the background of demolition and eviction conflicts],” China Economic Times, October 22,2003.