Private Law in China and Taiwan


Book Description

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




Chinese Small Property


Book Description

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







Property Rights and Land Policies


Book Description




Power over Property


Book Description

Following the end of World War II in 1945, the Chinese Communist Party (CCP) spent the next three decades carrying out agrarian reform among nearly one-third of the world’s peasants. This book presents a new perspective on the first step of this reform, when the CCP helped redistribute over 40 million hectares of land to over three hundred million impoverished peasants in the nationwide land reform movement. This land reform, the founding myth of the People’s Republic of China (1949–present) and one of the largest redistributions of wealth and power in history, embodies the idea that an equal distribution of property will lead to social and political equality. Power Over Property argues that in practice, however, the opposite occurred: the redistribution of political power led to a more equal distribution of property. China’s land reform was accomplished not only through the state’s power to define the distribution of resources, but also through village communities prioritizing political entitlements above property rights. Through the systematic analysis of never-before studied micro-level data on practices of land reform in over five hundred villages, Power Over Property demonstrates how land reform primarily involved the removal of former power holders, the mobilization of mass political participation, and the creation of a new social-political hierarchy. Only after accomplishing all of this was it possible to redistribute land. This redistribution, moreover, was determined by political relations to a new structure of power, not just economic relations to the means of production. The experience of China’s land reform complicates our understanding of the relations between economic, social, and political equality. On the one hand, social equality in China was achieved through political, not economic means. On the other hand, the fundamental solution was a more effective hierarchy of fair entitlements, not equal rights. This book ultimately suggests that focusing on economic equality alone may obscure more important social and political dynamics in the development of the modern world.




Land Bargains and Chinese Capitalism


Book Description

This book explains the origins of Chinese land politics and explores how property rights and urban growth strategies differ among Chinese cities.




Institutions in Transition


Book Description

China's urban sprawl has led to serious social cleavages. Unclear land and property rights have resulted in an uneasy alliance between real estate companies and local authorities, with most willing to strike illegal deals over land. The results have been devastating. Farmers live in fear that the land they till today will be gone tomorrow, while urban citizens are regularly evicted from their homes to make way for new skyscrapers and highways.These shocking incidents underscore the urgency of the land question in China. The recent conviction of the Chinese Minister for Land Resources and the forced evictions that have led to the injury and death of ordinary Chinese citizens highlight the case for land reform. Against this backdrop, many scholars criticize China's lack of privatization and titling of property. This monograph, however, demonstrates that these critically depend on timing and place. Land titling is imperative for thewealthier regions, yet, may prove detrimental in areas with high poverty. The book argues that China's land reform can only succeed if the clarification of property rights is done with caution and ample regard for regional variations.




Rural Land Takings Law in Modern China


Book Description

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.




Unmaking China's Development


Book Description

Why would the removal of authoritarian institutions in some developing countries lead to sustained socio-economic crisis, while others experience explosive growth despite 'persisting' informal, insecure and rent-seeking institutional arrangements? A key to solving this enigma lies in understanding China, a country where the paradoxes of development are highly visible. Peter Ho argues that understanding China's economy necessitates an analytical refocusing from Form to Function, detached from normative assumptions about institutional appearance and developing instead a 'Credibility Thesis'. In this reading, once institutions endogenously emerge and persist through actors' conflicting interactions, they are credible. Ho develops this idea theoretically, methodologically, and empirically by examining institutions around the sector that propelled, yet, simultaneously destabilizes development: real estate - land, housing and natural resources. Ho shows how this sector can further both our understanding of institutions and issues of capital, labor, infrastructure and technology.




Urban China


Book Description

In the last 30 years, China’s record economic growth lifted half a billion people out of poverty, with rapid urbanization providing abundant labor, cheap land, and good infrastructure. While China has avoided some of the common ills of urbanization, strains are showing as inefficient land development leads to urban sprawl and ghost towns, pollution threatens people’s health, and farmland and water resources are becoming scarce. With China’s urban population projected to rise to about one billion – or close to 70 percent of the country’s population – by 2030, China’s leaders are seeking a more coordinated urbanization process. Urban China is a joint research report by a team from the World Bank and the Development Research Center of China’s State Council which was established to address the challenges and opportunities of urbanization in China and to help China forge a new model of urbanization. The report takes as its point of departure the conviction that China's urbanization can become more efficient, inclusive, and sustainable. However, it stresses that achieving this vision will require strong support from both government and the markets for policy reforms in a number of area. The report proposes six main areas for reform: first, amending land management institutions to foster more efficient land use, denser cities, modernized agriculture, and more equitable wealth distribution; second, adjusting the hukou household registration system to increase labor mobility and provide urban migrant workers equal access to a common standard of public services; third, placing urban finances on a more sustainable footing while fostering financial discipline among local governments; fourth, improving urban planning to enhance connectivity and encourage scale and agglomeration economies; fifth, reducing environmental pressures through more efficient resource management; and sixth, improving governance at the local level.