The Constitutional Protection of Private Property in China
Historical Evolution and Comparative Research

Using a comparative approach, this book analyses the history of China's private property protection at the constitutional level since 1949.

Chuanhui Wang (Author)

9781107125438, Cambridge University Press

Hardback, published 25 January 2016

374 pages, 1 b/w illus. 4 tables
23.6 x 16 x 2.8 cm, 0.7 kg

'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

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.

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.

Subject Areas: Property law [LNS], Constitutional & administrative law [LND], Private / Civil law: general works [LNB], Private international law & conflict of laws [LBG], Comparative law [LAM], Law [L], Politics & government [JP], Black & Asian studies [JFSL3]