Rural Land Takings Law in Modern China
Rural Land Takings Law in Modern China

Author: Chun Peng

Publisher: Cambridge University Press

Published: 2018-04-19

Total Pages: 353

ISBN-13: 1108126057

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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.

Rural Land Takings Law in Modern China
Rural Land Takings Law in Modern China

Author: Chun Peng

Publisher: Cambridge University Press

Published: 2018-04-19

Total Pages: 354

ISBN-13: 1108128939

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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.

Private Law in China and Taiwan
Private Law in China and Taiwan

Author: Yun-chien Chang

Publisher: Cambridge University Press

Published: 2017

Total Pages: 361

ISBN-13: 1107154243

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Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.

Resolving Land Disputes in East Asia
Resolving Land Disputes in East Asia

Author: Hualing Fu

Publisher: Cambridge University Press

Published: 2014-07-03

Total Pages: 465

ISBN-13: 1107066824

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Fresh comparative perspectives on land disputes in East Asia, with a focus on the transitional societies in China and Vietnam.

Contemporary China’s Land Use Policy
Contemporary China’s Land Use Policy

Author: Long Cheng

Publisher: Springer Nature

Published: 2020-09-24

Total Pages: 180

ISBN-13: 9811583315

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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.

Takings
Takings

Author: Richard A. Epstein

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 377

ISBN-13: 0674036557

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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.

Chinese Small Property
Chinese Small Property

Author: Shitong Qiao

Publisher: Cambridge University Press

Published: 2017-10-19

Total Pages: 231

ISBN-13: 1107176239

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Qiao demonstrates how an impersonal and unbounded market can operate without legal protection or enforcement of property and contract rights.

Responsive Authoritarianism in China
Responsive Authoritarianism in China

Author: Christopher Heurlin

Publisher: Cambridge University Press

Published: 2016-10-27

Total Pages: 243

ISBN-13: 110810780X

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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.

Human Rights in China
Human Rights in China

Author: Eva Pils

Publisher: John Wiley & Sons

Published: 2017-11-10

Total Pages: 256

ISBN-13: 1509500731

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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.