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The Constitutional Protection Of Private Property In China
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Book Synopsis The Constitutional Protection of Private Property in China by : Chuanhui Wang
Download or read book The Constitutional Protection of Private Property in China written by Chuanhui Wang and published by Cambridge University Press. This book was released on 2016 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a comparative approach, this book analyses the history of China's private property protection at the constitutional level since 1949.
Book Synopsis On the Constitutional Protection of Private Property in China by : Chuanhui Wang
Download or read book On the Constitutional Protection of Private Property in China written by Chuanhui Wang and published by . This book was released on 2014 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ownership with Chinese Characteristics by : United States. Congressional-Executive Commission on China
Download or read book Ownership with Chinese Characteristics written by United States. Congressional-Executive Commission on China and published by . This book was released on 2003 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains testimony and prepared statements by Patrick A. Randolph, Brian Schwarzwalder, James A. Dorn, and Mark A. Cohen.
Book Synopsis The Constitutional Protection of Private Property in China by : Chuanhui Wang
Download or read book The Constitutional Protection of Private Property in China written by Chuanhui Wang and published by Cambridge University Press. This book was released on 2016-01-25 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book reviews the changes in legal reform around the constitutional protection of private property in China since 1949. Using a comparative approach, it analyses the development of property theories and the various constitutionalisation models and practices of private property in representative countries including the United States, Canada, Germany, India and China. It also explores the interwoven social forces that have been driving the evolution of the constitutional protection of private property in China. By comparing China with the United States, Germany and India, the author reveals the unfairness, unjustness and insufficiency in China's application of three constitutional doctrines – public use, just compensation and due process or procedure. The book concludes by predicting future progress and suggests feasible measures for gradual reform that will be compatible with China's existing political system.
Book Synopsis From Public to Private by : Mo Zhang
Download or read book From Public to Private written by Mo Zhang and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protection of Property Rights has become a pressing issue in China since the country strived to move from a planned economy to a market economy in late 1970's. The passage of the Property Law of China on March 16, 2007 marked an historic change in the country from public to private in respect to property rights. Effective on October 1, 2007, the Property Law for the first time in Chinese history grants an equal protection to both public and private properties, breaking up the orthodox ideology in favor of public ownership against private ownership and individual liberty. With a notable civil law tradition, the Property Law is intended to set forth comprehensive rules regulating creation, alteration, alienation as well as termination of property rights, and protecting private property rights in China, a country where the public or state ownership is still playing a leading role in the nation's economy. Many rules in the Property Law, which are different from those in other countries, particularly the common law countries, are unique not only in their contents but also in their application. The land use rights typically reflect a Chinese reality in that the ownership of land is separated from the possession and use of it. Adoption of the Property Law in China is a substantial step toward protection of private property rights in the nation. The greatest challenge facing the country, however, is how to enforce the law so that the private property rights would be effectively protected, especially in the situation where the public ownership is involved. The Nail House syndrome that has spread all over the country indeed raises a serious issue of compensation in the case of taking. Whether or not the compensation must be just and reasonable remains to be answered.
Book Synopsis Chinese Small Property by : Shitong Qiao
Download or read book Chinese Small Property written by Shitong Qiao and published by Cambridge University Press. This book was released on 2017-10-19 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Qiao demonstrates how an impersonal and unbounded market can operate without legal protection or enforcement of property and contract rights.
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 The Turning Point in Private Law by : Ugo Mattei
Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Book Synopsis Private Law in China and Taiwan by : Yun-chien Chang
Download or read book Private Law in China and Taiwan written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2017 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.
Book Synopsis Property Rights by : Terry L. Anderson
Download or read book Property Rights written by Terry L. Anderson and published by Princeton University Press. This book was released on 2003 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and 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 Cambridge University Press. This book was released on 2018-04-19 with total page 354 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 China: Private Property Rights by : Laney Zhang
Download or read book China: Private Property Rights written by Laney Zhang and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Property Rights and Economic Reform in China by : Jean Chun Oi
Download or read book Property Rights and Economic Reform in China written by Jean Chun Oi and published by Stanford University Press. This book was released on 1999 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revisions of papers presented at a conference at Hong Kong University of Science and Technology, 1996.
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 The Emergence of Private Property Law in China and Its Impact on Human Rights by : Mark D. Kielsgard
Download or read book The Emergence of Private Property Law in China and Its Impact on Human Rights written by Mark D. Kielsgard and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article explores the implications for, and development of, private property law in the PRC and its connection to the growth of the nascent Chinese human rights system. It evaluates the vitality of newly emerging human rights trends, reviews their historic, legal, and social backgrounds, and discusses how the introduction of private property in China has fundamentally altered its civil society. Drawing upon a comparative examination of international authority and statutory analysis, and evaluating them from the perspectives of both Chinese and Western scholarship, this article analyzes the trends behind improving democratic structures by reviewing the self-governance of condominium owners associations and the human rights improvements they have spawned. It also examines evolving statutory law governing property expropriation and newly developing rights to property in the PRC. Such progressive trends are counteracted by local corruption, lack of enforcement, and inadequate judicial review. These negative factors have traditional and historic underpinnings, which are currently being addressed by the Chinese legislature. This article will review this relevant legislation and offer predictions for the future of the Chinese private property system as it begins to nurture budding human rights reforms. Finally, it suggests initiatives to maximize those reforms through efficient legislative drafting and other efforts designed to nurture the sensitive and sometimes volatile free market.
Book Synopsis Constitutional Change in the Contemporary Socialist World by : Ngoc Son Bui
Download or read book Constitutional Change in the Contemporary Socialist World written by Ngoc Son Bui and published by Oxford University Press. This book was released on 2020-07-23 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.
Book Synopsis The Revival of Private Property and Its Limits in Post-Mao China by : Ting Xu
Download or read book The Revival of Private Property and Its Limits in Post-Mao China written by Ting Xu and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph examines the nature and significance of the re-emergence of private property in rapidly changing post-Mao China. In examining this issue, the study explores a key dichotomy in Chinese law, that is, 'public versus private', and examines the manner in which the Chinese define ownership. The study stresses the importance of lack of clarity in the boundaries between the public and the private in property rights. While there is a limited move towards the recognition of private property in real estate in contemporary China, this analysis also shows that ownership in the law, and ownership as understood and practised socially, often diverge significantly. From the Qing dynasty reforms of the late nineteenth century onwards, 'modernist' law and entrenched social practice have often opposed each other. In contrast to the official, and indeed legal, support for unitary and exclusive property rights, the reality of the property regime has been a fragmentation of property rights. 'Modern' conceptions and theories of property rights emerged in the context of nation-building from the late Qing onwards, and unitary and exclusive property rights were considered as 'badges' of modernity. These conceptions and theories served (and still serve) the purposes of control and governance but were, and still are, often resisted in social practice and popular thinking, leading to alienation and conflict. As a result, analysis of the nature and the social and political implications of re-emerging private property rights provides important insights for our understanding of the changing nature of modern China.
