Rural Land Takings Law in Modern China: Origin and Evolution

Law

Rural Land Takings Law in Modern China: Origin and Evolution

By Chun Peng
Cambridge University Press April 2018

Specifications

ISBN-13
9781107190931
Publisher
Cambridge University Press
Publication
April 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

1. Introduction
2. A broken constitutional promise: diagnoses and prescriptions
3. Limited reform: symptoms and causes
4. Original constitutional takings clause: origin, meaning and purpose
5. Theoretical foundations of land takings power: competing traditions and common legacy
6.
1982 constitutional taking clause re-examined: new wine in an old bottle
7. Rural land expropriation law in the reform era: a story of continuity
8. Conclusion
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