De
doorbraak
Karel van het Reve placht te zeggen: er staat
nooit nieuws in de krant. Ik zal U vertellen wat zijn bedoeling was. Het is
zondag als ik dit schrijf en toch weet ik wat er morgen in de NRC en de
Volkskrant zal staat.
Niets.
Zo net heeft zich in Peking iets belangrijks afgespeeld en wat gaat U daarover
morgen in Uw krant lezen? Niets. En dit terwijl Gertie (NRC) en Jan
(Volkskrant) zulke voortreffelijke correspondenten met standplaats Peking zijn!
Hoe komt dat?
Zo zit de vork in het steel. De redactie buitenland heeft van de Hoofdredacteur
het volgende gehoord: Buitenland, dat is voor de lezer van onze krant
Verweggistan. Alles wat uit Verweggistan komt moet kort, begrijpelijk en dus
eenvoudig zijn. Zo niet dan keldert de oplage!
Eenvoudig, hé? Maar nu komt het. Degenen die het bewind over ons voeren
(ik ben niet alleen ingezetene van Warschau maar sta ook in de
bevolkingsregister van Amsterdam, vandaar dat 'ons') lezen over het Buitenland
de Nederlandse krant en wat lezen ze daarin? Niets. Oud nieuws, roddel,
vooroordelen, derivaten en residuen van het verleden. En deze Nederlandse
politieke klasse met haar ministers en haar parlementariërs en
bewindsvoerders en beleidsmakers plus beleidsmedewerkers stippelt op basis van
dit geheel achterhaald wereldbeeld onze politiek ten aanzien van de wereld
zoals bevattend: Haïti, Polen en China. En aan China wilde ik hier een
paar woorden wijden.
Zonet werd in Peking de Tweede Zitting van de Tiende Nationale Vergadering van
Volksvertegenwoordigers (NVV) afgesloten. Tijdens deze zitting werden
amendementen goedgekeurd voor de Grondwet van de Volksrepubliek China (VRC).
Deze amendementen waren de bouwstenen voor een ander China: de Republiek China
(RC). Hieronder volgt het bewijs. En het komt niet in de krant.
Michal Korzec
Appendix:The 20 amendments (1988-2004) of the PRC
Constitution of 1982 and their projection
(My posting to Chinapol 2004.03.06, adjusted for this book
on 2004.03.14)
For the benefit of all who will be studying, reporting and teaching on
constitutional amendments of the Second Session of the 10th National
People's Congress (2004.03.05-15) here is the text of the 20 constitutional
amendments since 1982 (The Constitution adopted at the
4th Session of the 6th NPC). This text
can be used to make projections of the amendments to be made by the
11th NPC in 2009 and the
12th NPC in 2013. My projection, which is hereby
open for falsification, is that in 2013 the name of the country will be changed
into: The Republic of China. Half a year before that the name of the CPC will
be changed into the Social Democratic Party of China or the Democratic Party of
China or the Rule of Law Party of China or China's Party for Progress or
something similar. Hu Jintao will be the last president of the PRC and the
first president of the new Republic of China. That republic will, of course,
because of reasons given in this book, be neither a liberal democracy nor a
representative democracy. The last president of the old Republic of China on
Taiwan will be the vice-president of the new republic. Probably the
last-mentioned person will be the same one that was elected as president in the
March 20th elections in Taiwan, 5 days after the closing
day of Second Session of the 10th NPC in Beijing:
Chen Shuibian.
Amendments to the Constitution of the People's Republic of China (Adopted at
the First Session of the Seventh National People's Congress and Promulgated for
Implementation by the Proclamation of the NPC on April 12, 1988):
1 Article 11 of the Constitution included a new paragraph, which reads
"The state permits the private sector of the economy to exist and develop
within the limits prescribed by law. The private sector of the economy is a
complement to the socialist public economy. The state protects the lawful
rights and interests of the private sector of the economy, and exercises
guidance, supervision and control over the private sector of the
economy."
2. The fourth paragraph of Article 10 of the Constitution, which provided that
"No organization or individual may appropriate, buy, sell or lease land or
otherwise engage in the transfer of land by unlawful means", was amended
to: "No organization or individual may appropriate, buy, sell or
unlawfully transfer land in other ways. The right to the use of land may be
transferred in accordance with law".
The March 29, 1993 amendments (First Session, Eighth National People's
Congress):
3. The final two sentences of the seventh paragraph of the Preamble to the
Constitution ("The basic task of the nation in the years to come is to
concentrate its efforts on socialist modernization. Under the leadership of the
Communist Party of China and the guidance of Marxism Leninism and Mao
Zedong Thought , the Chinese people of all ethnic groups will continue to
adhere to people's democratic dictatorship and the socialist road , steadily
improve the socialist legal system, and work hard and self-reliantly to
modernize the country's industry, agriculture , national defense and science
and technology to step by step to turn China into a socialist country with a
high level of culture and democracy.")were amended to "Our country is
in the primary stage of socialism. The basic task before the nation is the
concentration of efforts on socialist modernization construction in accordance
with the theory of building socialism with Chinese characteristics. Under the
leadership of the Communist Party of China and the guidance of Marxism-Leninism
and Mao Zedong Thought, the Chinese people of all ethnic groups will continue
to adhere to the people's democratic dictatorship and the socialist road and to
uphold reform and opening to the outside world, steadily improve socialist
institutions , develop socialist democracy improve the socialist legal system,
and work hard and self-reliantly to modernize the country's industry,
agriculture national defence and science and technology step by step to build
China into a strong and prosperous, culturally advanced, democratic socialist
nation."
4. The following was added to the end of the tenth paragraph of the Preamble to
the Constitution: "Multi-party cooperation and the political consultation
system under the leadership of the Communist Party of China shall continue and
develop for a long time to come."
5. Article 7 of the Constitution ("The state economy is the sector of
socialist economy under ownership by the whole people; it is the leading force
in the national economy. The state ensures the consolidation and growth of the
state economy") was amended to "The state-owned economy, i.e. the
socialist economy with ownership by the people as a whole , is the leading
force in the national economy. The state will ensure the consolidation and
development of the state-owned economy."
6. The first paragraph of Article 8 of the Constitution ("Rural people's
communes , agricultural producers' cooperatives and other forms of cooperative
economy , such as producers'. Supply and marketing, credit and consumers'
cooperatives, belong to the sector of socialist economy under collective
ownership by the working people. Working people who are members of rural
economic collectives have the right, within the limits prescribed by law, to
farm plots of cropland and hilly land allotted for their private use , engage
in household sideline production and raise privately owned livestock") was
amended to "The rural contracted responsibility system based mainly on the
household linking remuneration to output and cooperative economic forms
producers' supply and marketing, credit and consumers' cooperatives are
part of the socialist economy collectively owned by the working people. Working
people who are members of rural economic collectives have the right, within the
limits prescribed by law, to farm plots of cropland and hilly land allotted for
their private use, engage in household sideline production and raise privately
owned livestock."
7. Article 15 of the Constitution ("The state practices planned economy on
the basis of socialist public ownership . It ensures the proportionate and
coordinated growth of the national economy through overall balancing by
economic planning and the supplementary role of regulation by the market."
"Disturbance of the socioeconomic order or disruption of the state
economic plan by any organization or individual is prohibited") was
amended to "The state practices socialist market economy" "The
state shall enhance economic legislation and improve macro-control of the
economy." "The state shall, in accordance with the law, prohibit
disturbance of the socioeconomic order by any organization or
individual."
8. Article 16 of the Constitution ("State enterprises have decision-making
power with regard to operation and management within the limits prescribed by
law, on condition that they submit to unified leadership by the state and
fulfill all their obligations under the state plan." "State
enterprises practice democratic management through congresses of workers and
staff and in other ways in accordance with the law ") was amended to
"State-owned enterprises have decision-making power with regard to
operations within the limits prescribed by law." "State-owned
enterprises practice democratic management through congresses of workers, and
staff and in other ways in accordance with the law."
9. Article 17 of the Constitution ("Collective economic organizations have
decision-making power in conducting independent economic activities, on
condition that they accept the guidance of the state plan and abide by the
relevant laws. " "Collective economic organizations practice
democratic management in accordance with the law. The entire body of workers
elects and removes their managerial personnel and decides on major issues
concerning operation and management ") was amended to "Collective
economic organization have decision-making power in conducting independent
economic activities, on condition that they abide by the relevant laws "
Collective economic organizations practice democratic management, elect and
remove their managerial personnel in accordance with the law, and decide major
issues concerning operation and management."
10. The third paragraph of Article 42 of the Constitution ("Work is a
matter of honor for every citizen who is able to work. All working people in
state enterprises and in urban and rural economic collectives should approach
their work as the masters of the country that they are. The state promotes
socialist labor emulation, and commends and rewards model and advanced workers
. The state encourages citizens to take part in voluntary labor.") was
amended to: Work is a matter of honor for every citizen who is able to work.
All working people in state-owned enterprises and in urban and rural economic
collectives should approach their work as the masters of the country that they
are. The state promotes socialist labor emulation, and commends and rewards
model and advanced workers. The state encourages citizens to take part in
voluntary labour. "
11. Article 98 of the Constitution ("The term of office of the people's
congresses of provinces, municipalities directly under the Central Government
and cities divided into districts is five years . The term of office of the
people's congresses of counties, cities not divided into districts, municipal
districts, townships, ethnic townships, and towns is three years") was
amended to "The term of office of the people's congresses of provinces,
municipalities directly under the Central Government , counties, cities and
districts under the jurisdiction of the municipal government is five years .
The term of office of the people's congresses of townships ethnic townships and
towns is two years."
Amendments of the Second Session of the 9th NPC adopted on
March 15, 1999
12. The seventh paragraph of the Preamble to the Constitution ("Both the
victory in China's New-Democratic Revolution and the successes in its socialist
cause have been achieved by the Chinese people of all ethnic groups, under the
leadership of the Communist Party of China and the guidance of Marxism-Leninism
and Mao Zedong Thought, by upholding truth, correcting errors and surmounting
numerous difficulties and hardships . Our country is in the primary stage of
socialism . The basic task before the nation is the concentration of efforts on
socialist modernization construction in accordance with the theory of building
socialism with Chinese characteristics . Under the leadership of the Communist
Party of China and the guidance of Marxism Leninism and Mao Zedong
Thought, the Chinese people of all ethnic groups will continue to adhere to the
people's democratic dictatorship and the socialist road and to uphold reform
and opening to the outside world, steadily improve socialist institutions,
develop socialist democracy, improve the socialist legal system, and work hard
and self-reliantly to modernize the country's industry, agriculture, national
defence and science and technology step by step to build China into a strong
and prosperous, culturally advanced, democratic socialist nation.") was
amended to "The victory in China's New-Democratic Revolution and the
successes in its socialist cause have been achieved by the Chinese people of
all ethnic groups , under the leadership of the Communist Party of China and
the guidance of Marxism Leninism and Mao Zedong Thought , by upholding
truth , correcting errors and surmounting numerous difficulties and hardships.
Our country will be in the primary stage of socialism for a long period of
time. The basic task before the nation is the concentration of efforts on
socialist modernization construction along the road of building socialism with
Chinese characteristics . Under the leadership of the Communist Party of China
and the guidance of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping
Theory , the Chinese people of all ethnic groups will continue to adhere to the
people's democratic dictatorship and the socialist road, and to uphold reform
and opening to the outside world, steadily improve socialist institutions ,
develop a socialist market economy , promote socialist democracy, improve the
socialist legal system , and work hard and self-reliantly to modernize the
country's industry, agriculture , national defense and science and technology
step by step to build China into a strong and prosperous , culturally advanced,
democratic socialist nation".
13. The following was added to Article 5 of the Constitution as the first
paragraph : "The People's Republic of China exercises the rule of law ,
building a socialist country governed according to law."
14. Article 6 of the Constitution ("The basis of the socialist economic
system of the People's Republic of China is socialist public ownership of the
means of production, namely, ownership by the whole people and collective
ownership by the working people." "The system of socialist public
ownership supersedes the system of exploitation of man by man; it applies the
principle of 'from each according to his ability, to each according to his
work.") was amended to "The basis of the socialist economic system of
the People's Republic of China is socialist public ownership of the means of
production , namely ownership by the whole people and collective ownership by
the working people. The system of socialist public ownership supersedes the
system of exploitation of man by man; it applies the principle of 'from each
according to his ability, to each according to his work ." "In the
primary stage of socialism the state upholds the basic economic system with the
dominance of the public ownership and the simultaneous development
15. The first paragraph of Article 8 of the Constitution ("The rural
contracted responsibility system based mainly on the household linking
remuneration to output and cooperative economic forms producers', supply
and marketing, credit and consumers' cooperatives are part of the
socialist economy collectively owned by the working people. Working people who
are members of rural economic collectives have the right, within the limits
prescribed by law to farm plots of cropland and hilly land allotted for their
private use, engage in household sideline productions and raise privately owned
livestock ") was amended to "The rural collective economic
organizations follow the two-tier operation system with household contract
management as the basis and the combination of unified and separate management.
Rural economic forms producers' supply and marketing, credit and
consumers' cooperatives are part of the socialist economy collectively
owned by the working people. Working people who are members of rural economic
collectives have the right, within the limits prescribed by law, to farm plots
of cropland and hilly land allotted for their private use, engage in household
sideline production and raise privately owned livestock."
16. Article 11 of the Constitution ("The individual economy of urban an
rural working people, operating within the limits prescribed by law , is a
complement to the socialist public economy. The state protects the lawful
rights and interests of the individual economy." "The state guides ,
assists and supervises the individual economy by administrative control. "
"The state permits the private sector of the economy to exist and develop
within the limits prescribed by law, The private sector of the economy is a
complement to the socialist public economy. The state protects the lawful
rights and interests of the private sector of the economy, and exercises
guidance, supervision and control over the private sector of the
economy.") was amended to "The non-public sector of the economy
comprising self-employed and private businesses within the domain stipulated by
law is an important component of the country's socialist market economy."
"The state protects the legitimate rights and interests of the
self-employed and private businesses." "The state exercises guidance,
supervision and management over the self-employed and private
businesses."
17. Article 28 of the Constitution ("The state maintains public order and
suppresses treasonable and other counterrevolutionary activities; it penalizes
criminal activities that endanger public security and disrupt the socialist
economy as well as other criminal activities; and it punishes and reforms
criminals.") is amended to "The state maintains public order and
suppresses treasonable and other criminal activities that endanger public
security and disrupt the socialist economy, as well as other criminal
activities; and it punishes and reforms criminals."S
The following amendments were passed during the coming 10 days of the Second
Session of the 10th NPC 5-15 March 2004:
The amendments include protections for private property, a clause on human
rights protections and the enshrining into the constitution of the "Three
Represents Theory."
18. A provision that "private property obtained legally shall not be
violated" will place private property on an equal footing with public
property, which is already deemed "sacred and inviolable" by the
current constitution.
If fully implemented, the provision could have wide-ranging implications for
China's market-driven economy.
19. Another amendment will enshrine the "Three Represents" theory
into the constitution alongside "Marxism, Leninism, Mao Zedong Thought and
the Theories of Deng Xiaoping."
The "Three Represents" maintains that the ruling Communist Party, and
therefore the state, represents advanced production forces, advanced cultural
forces and the overwhelming majority of Chinese people.
20. A final amendment says, "The State respects and protects human
rights."
Op zondag 14 maart om 16 uur Peking tijd werden in de Grote Zaal van het Volk
de resultaten van de stemming over de laatste drie amendementen bekendgemaakt:
2863 voor, 10 tegen, 17 onthoudingen en een ongeldig stem.
Dr. Micha³ Korzec
Center of East Asian Studies (CEAS)
Institute of Political Studies
Polish Academy of Sciences
Please visit the website of our Warsaw Workshop
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