Rural Land Takings Law in Modern China PDF Download
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Author: Chun Peng
Publisher: Cambridge University Press
ISBN: 1108126057
Category : Law
Languages : en
Pages : 353
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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.
Author: Chun Peng
Publisher: Cambridge University Press
ISBN: 1108126057
Category : Law
Languages : en
Pages : 353
Get Book Here
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.
Author: Chun Peng
Publisher: Cambridge University Press
ISBN: 1107190932
Category : History
Languages : en
Pages : 353
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Book Description
A contextualized and critical reading of the origin and evolution of China's rural land takings law.
Author: Chun Peng
Publisher: Hart Publishing Limited
ISBN: 9781509907946
Category :
Languages : en
Pages : 240
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Book Description
Author: Yun-chien Chang
Publisher: Cambridge University Press
ISBN: 1107154243
Category : Law
Languages : en
Pages : 361
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Book Description
Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.
Author: Hualing Fu
Publisher: Cambridge University Press
ISBN: 1107066824
Category : Business & Economics
Languages : en
Pages : 465
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Book Description
Fresh comparative perspectives on land disputes in East Asia, with a focus on the transitional societies in China and Vietnam.
Author: Shitong Qiao
Publisher: Cambridge University Press
ISBN: 1107176239
Category : Business & Economics
Languages : en
Pages : 231
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Book Description
Qiao demonstrates how an impersonal and unbounded market can operate without legal protection or enforcement of property and contract rights.
Author: Long Cheng
Publisher: Springer Nature
ISBN: 9811583315
Category : Social Science
Languages : en
Pages : 180
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Book Description
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.
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674036557
Category : Law
Languages : en
Pages : 377
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Book Description
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.
Author: Eva Pils
Publisher: John Wiley & Sons
ISBN: 1509500731
Category : Political Science
Languages : en
Pages : 256
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Book Description
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.
Author: World Bank
Publisher: World Bank Publications
ISBN: 1464802068
Category : Business & Economics
Languages : en
Pages : 583
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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.
