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Rural Land Takings Law In Modern China
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Book Synopsis Rural Land Takings Law in Modern China by : Chun Peng
Download or read book Rural Land Takings Law in Modern China written by Chun Peng and published by Cambridge University Press. This book was released on 2018-04-19 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A contextualized and critical reading of the origin and evolution of China's rural land takings law.
Book Synopsis Rural Land Takings Law in Modern China by : Chun Peng
Download or read book Rural Land Takings Law in Modern China written by Chun Peng and published by Hart Publishing Limited. This book was released on 2020-07-09 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Taming the Dragon written by Chun Peng and published by . This book was released on 2014 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rural Land Takings Law in Modern China by : Chun Peng
Download or read book Rural Land Takings Law in Modern China written by Chun Peng and published by Cambridge University Press. This book was released on 2018-04-19 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most pressing issues in contemporary China is the massive rural land takings that have taken place at a scale unprecedented in human history. Expropriation of land has dispossessed and displaced millions for several decades, despite the protection of property rights in the Chinese constitution. Combining meticulous doctrinal analysis with in-depth historical investigation, Chun Peng tracks the origin and evolution of China's rural land takings law over the twentieth century and demonstrates an enduring tradition of land takings for state-led social transformation, under which the takings law is designed to be power-confirming. With changed socio-political circumstances and a new rights-respecting constitutional agenda, a rebalance of the law is now underway, but only within existing parameters. Peng provides a piercing analysis of how land has been used by the largest developing country in the world to develop itself, at what costs and where the future might be.
Book Synopsis Securing Property Rights in Transition: Lessons from Implementation of China's Rural Land Contracting Law by : Songqing Jin
Download or read book Securing Property Rights in Transition: Lessons from Implementation of China's Rural Land Contracting Law written by Songqing Jin and published by World Bank Publications. This book was released on 2007 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: This paper is motivated by the emphasis on secure property rights as a determinant of economic development in recent literature. The authors use village and household level information from about 800 villages throughout China to explore whether legal reform increased protection of land rights against unauthorized reallocation or expropriation with below-average compensation by the state. The analysis provides nation-wide evidence on a sensitive topic. The authors find positive impacts, equivalent to increasing land values by 30 percent, of reform even in the short term. Reform originated in villages where democratic election of leaders ensured a minimum level of accountability, pointing toward complementarity between good governance and legal reform. The paper explores the implications for situations where individuals and groups hold overlapping rights to land.
Book Synopsis Establishing Land Assembly Districts by : James Si Zeng
Download or read book Establishing Land Assembly Districts written by James Si Zeng and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese local governments have taken many rural lands in order to promote urbanization and modernization of the local rural areas, which, unfortunately, has given rise to many social conflicts. The current Chinese land taking laws have provided some guidance on the use of taking power, including the public interest requirement and the compensation requirement. However, these requirements are still insufficient. As can be observed from a series of cases, the fragmented ownership of rural residents caused a problem of anticommons, leading to huge transaction costs in the negotiation between governments and villagers. The mechanism of Land Assembly Districts, proposed by Professor Michael Heller and Ricks Hills, might be an effective way to handle this problem, since it can produce a relatively fair compensation for villagers, facilitate dialogue and communication, and prevent opportunism. This article considers the possibility of adopting this proposal by allowing the village committee to act collectively to negotiate the level of compensation with the Chinese local governments. This approach might effectively resolve numerous conflicts that arose in Chinese land taking events. The article also addresses the potential concern that the collective action might infringe upon the property rights of some dissenting villagers, from both theoretical and practical perspectives.
Book Synopsis Game: The Segmentation, Implementation And Protection Of Land Rights In China by : Shuguang Zhang
Download or read book Game: The Segmentation, Implementation And Protection Of Land Rights In China written by Shuguang Zhang and published by World Scientific. This book was released on 2015-08-24 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a thorough analysis of the evolution of land property rights and transfer mechanism during the transition of the Chinese society from being a traditional self-sustaining agricultural society to a modern commercialized agricultural society. It provides empirical proof for complicated property rights theories and a solution and path for land capitalization. It discloses that in practice, land ownership may not be the essence and knot of the problem, and that the implementation of land property rights really matters.The book also provides a series of pragmatic solutions and measures to improve the current land law system and land policy in China. It stresses the importance of a pragmatic research methodology that is based on arguments on real life research and evidence, which may help promote a more grounded research atmosphere in the Chinese academia.
Book Synopsis Resolving Land Disputes in East Asia by : Hualing Fu
Download or read book Resolving Land Disputes in East Asia written by Hualing Fu and published by Cambridge University Press. This book was released on 2014-07-03 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fresh comparative perspectives on land disputes in East Asia, with a focus on the transitional societies in China and Vietnam.
Book Synopsis Negotiating Rural Land Ownership in Southwest China by : Yi Wu
Download or read book Negotiating Rural Land Ownership in Southwest China written by Yi Wu and published by University of Hawaii Press. This book was released on 2016-08-31 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negotiating Rural Land Ownership in Southwest China offers the first comprehensive analysis of how China’s current system of land ownership has evolved over the past six decades. Based on extended fieldwork in Yunnan Province, the author explores how the three major rural actors—local governments, village communities, and rural households—have contested and negotiated land rights at the grassroots level, thereby transforming the structure of rural land ownership in the People’s Republic of China. At least two million rural settlements (or “natural villages”) are estimated to exist in China today. Formed spontaneously out of settlement choices over extended periods of time, these rural settlements are fundamentally different from the present-day administrative villages imposed by the government from above. Yi Wu’s historical ethnography sheds light on such “natural villages” and their role in shaping the current land ownership system. Drawing on local land disputes, archival documents, and rich local histories, the author unveils their enduring social identities in both the Maoist and reform eras. She pioneers the concept of “bounded collectivism” to describe what resulted from struggles between the Chinese state trying to establish collective land ownership, and rural settlements seeking exclusive control over land resources within their traditional borders. A particular contribution of this book is that it provides a nuanced understanding of how and why China’s rural land ownership is changing in post-Mao China. Yi Wu uses village-level data to show how local governments, rural communities, and rural households compete for use, income, and transfer rights in both agricultural production and the land market. She demonstrates that the current rural land ownership system in China is not a static system imposed by the state from above, but a constantly changing hybrid.
Book Synopsis Securing Property Rights in Transition by : Klaus Deininger
Download or read book Securing Property Rights in Transition written by Klaus Deininger and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Motivated by the emphasis on secure property rights as a determinant of economic development in recent literature, we use village- and household-level information from about 800 villages throughout China to explore whether legal reform increased protection of land rights against unauthorized reallocation or expropriation with below-average compensation by the state. In addition to providing nation-wide evidence on a sensitive topic, we find positive impacts, equivalent increasing land values by 30 percent, of reform even in the short term that originated in villages where democratic election of leaders ensured a minimum level of accountability, pointing towards complementarity between good governance and legal reform. Implications for situations where individuals and groups hold overlapping rights to land are explored.
Book Synopsis Institutions in Transition by : Peter Ho
Download or read book Institutions in Transition written by Peter Ho and published by Oxford University Press. This book was released on 2005-07-21 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's urban sprawl has led to serious social cleavages. Unclear land and property rights have resulted in an uneasy alliance between real estate companies and local authorities, with most willing to strike illegal deals over land. The results have been devastating. Farmers live in fear that the land they till today will be gone tomorrow, while urban citizens are regularly evicted from their homes to make way for new skyscrapers and highways.These shocking incidents underscore the urgency of the land question in China. The recent conviction of the Chinese Minister for Land Resources and the forced evictions that have led to the injury and death of ordinary Chinese citizens highlight the case for land reform. Against this backdrop, many scholars criticize China's lack of privatization and titling of property. This monograph, however, demonstrates that these critically depend on timing and place. Land titling is imperative for thewealthier regions, yet, may prove detrimental in areas with high poverty. The book argues that China's land reform can only succeed if the clarification of property rights is done with caution and ample regard for regional variations.
Book Synopsis Responsive Authoritarianism in China by : Christopher Heurlin
Download or read book Responsive Authoritarianism in China written by Christopher Heurlin and published by Cambridge University Press. This book was released on 2016-10-27 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can protests influence policymaking in a repressive dictatorship? Responsive Authoritarianism in China sheds light on this important question through case studies of land takings and demolitions - two of the most explosive issues in contemporary China. In the early 2000s, landless farmers and evictees unleashed waves of disruptive protests. Surprisingly, the Chinese government responded by adopting wide-ranging policy changes that addressed many of the protesters' grievances. Heurlin traces policy changes from local protests in the provinces to the halls of the National People's Congress (NPC) in Beijing. In doing so, he highlights the interplay between local protests, state institutions, and elite politics. He shows that the much-maligned petitioning system actually plays an important role in elevating protesters' concerns to the policymaking agenda. Delving deep into the policymaking process, the book illustrates how the State Council and NPC have become battlegrounds for conflicts between ministries and local governments over state policies.
Download or read book Human Rights in China written by Eva Pils and published by John Wiley & Sons. This book was released on 2017-11-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.
Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.
Book Synopsis Contemporary China’s Land Use Policy by : Long Cheng
Download or read book Contemporary China’s Land Use Policy written by Long Cheng and published by Springer Nature. This book was released on 2020-09-24 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses contemporary China’s land use policy – the Link Policy – which calls for land consolidation and rural resettlement to achieve the goal of preserving farmland while also providing more space for urban development. Given the limited analyses and commentaries on the Link Policy in the literature, particularly in English-language articles, the book systematically presents and analyzes China’s land use policy by assessing the impacts of the Link Policy on rural life and how effective the Link Policy is in achieving its objectives. It also examines how satisfied farmers are with the policy and what the contributing factors are. Drawing on a critical review of the literature, field observations and interviews with resettled farmers, the book offers insights into China’s land use policy, and compares it with similar policy instruments in other countries. Presenting research findings that help readers gain a holistic understanding of the Link Policy in China and its implications, the book is a valuable resource for professionals in other developing countries that are facing similar challenges in terms of balancing urban development and farmland conservation.
Book Synopsis Land Rights & Membership by : Alexander Radi
Download or read book Land Rights & Membership written by Alexander Radi and published by . This book was released on 2016 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study compares two disputes over land takings compensation in a single village in rural China. One dispute involves a married-out woman excluded from full compensation for a land taking in her natal village; this type of dispute is well addressed in the existing literature. The other dispute involves a man who migrated into the village in the 1990s. The comparison highlights the multiple bases of exclusion from full benefits of village membership. This phenomenon appears most prominently in land claim disputes, where it is typically in the interest of party leaders to exclude individuals in order to maximize gains for local elites and village insiders. An individual's hukou, gender, and land contracting status can all become bases for exclusion. This study examines the factors, including ambiguous laws, government incentives, and local interests that facilitate these dynamics. The study has policy implications for the voting rights in village elections of rural-to-rural migrants in contemporary China and suggests an agenda for future research.
Book Synopsis Land Policy in China by : Shukui Tan
Download or read book Land Policy in China written by Shukui Tan and published by Springer Nature. This book was released on 2023-06-08 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows the most recent changes in China’s land policy and the progress in land policy studies in terms of theory and cases. It provides an up-to-date introduction to specific land policies implemented in China, as well as an in-depth analysis of the positioning and mechanisms of these policies. It is divided into four parts with seven chapters consisting of a) introduction to land and land policy, b) overview of China’s land policy, c) typical policy issues in specific fields including land tenure, development, protection, and administration, and d) outlook of China’s land policy. With its emphasis on the importance of practice, this book not only provides readers with tools for a systematic understanding of China’s land policy practices, but also sheds light on relevant policy formulation and practice in other countries.
