The Constitutional Protection of Private Property in China
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.
- A clear, well organised analysis of China's private property protection since 1949, helping readers to understand the complicated and dramatic change of property structure and private property clauses in China's constitutions
- Provides an in-depth comparison of the constitutional protection of property in China, the USA, Germany and India
- Offers an interdisciplinary perspective linking law with social context, politics and economy, allowing readers to learn what social forces drive the evolution of private property protection and what social, political and economic restraints influence reforms
Reviews & endorsements
'This book provides an excellent insight into the historical development of law, politics and practice concerning the legal status of land and property in land in China since 1949. It explains a lot for anyone interested in the history of China, but also for those interested in the development of law and politics concerning land in any contemporary society, given its interesting analysis of the different social forces that influence this development.' Matthias E. Storme, Katholieke Universiteit Leuven
Product details
January 2016Hardback
9781107125438
374 pages
236 × 160 × 28 mm
0.7kg
1 b/w illus. 4 tables
Available
Table of Contents
- Foreword
- Acknowledgments
- List of abbreviations
- Cases and incidents
- 1. Introduction
- 2. Private property and its constitutionalisation
- 3. The constitutional protection of private property in China: a historical review
- 4. The symbolised public interest
- 5. Unjust compensation
- 6. Ineffective procedural and institutional mechanism
- 7. Concluding remarks and suggested reform measures
- Bibliography
- Index.