The Constitutional Protection of Private Property in China PDF Download
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Author: Chuanhui Wang
Publisher: Cambridge University Press
ISBN: 110712543X
Category : Law
Languages : en
Pages : 375
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Book Description
Using a comparative approach, this book analyses the history of China's private property protection at the constitutional level since 1949.
Author: Chuanhui Wang
Publisher: Cambridge University Press
ISBN: 110712543X
Category : Law
Languages : en
Pages : 375
Get Book Here
Book Description
Using a comparative approach, this book analyses the history of China's private property protection at the constitutional level since 1949.
Author: Chuanhui Wang
Publisher: Cambridge University Press
ISBN: 1316467902
Category : Law
Languages : en
Pages : 375
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Book Description
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.
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: 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: 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: Ugo Mattei
Publisher: Edward Elgar Publishing
ISBN: 1786435187
Category : Law
Languages : en
Pages : 262
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Book Description
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Author: Terry L. Anderson
Publisher: Princeton University Press
ISBN: 0691190364
Category : Law
Languages : en
Pages : 409
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Book Description
The institution of property is as old as mankind, and property rights are today deemed vital to a prosperous economic system. Much has been written in the last decade on the economics of the legal institutions protecting such rights. This unprecedented book provides a magnificent introduction to the subject. Terry Anderson and Fred McChesney have gathered twelve leading thinkers to explore how property rights arise, and how they bolster economic development. As the subtitle indicates, the book examines as well how controversies over valuable property rights are resolved: by agreement, by violence, or by law. The essays begin by surveying the approaches to property taken by early political economists and move to colorful applications of property rights theory concerning the Wild West, the Amazon, endangered species, and the broadcast spectrum. These examples illustrate the process of defining and defending property rights, and demonstrate what difference property rights make. The book then considers a number of topics raised by private property rights, analytically complex topics concerning pollution externalities, government taking of property, and land use management policies such as zoning. Overall, the book is intended as an introduction to the economics and law of property rights. It is divided into six parts, with each featuring an introduction by the editors that integrates prior chapters and material in coming chapters. In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. With chapters written by noted experts on the subject, Property Rights offers the first primer on the subject ever produced. In addition to the editors, the contributors are Louise De Alessi, Yoram Barzel, Harold Demsetz, Thráinn Eggertsson, Richard A. Epstein, William A. Fischel, David D. Haddock, Peter J. Hill, Gary D. Libecap, Dean Lueck, Edwin G. West, and Bruce Yandle.
Author: Gregory K. Ingram
Publisher: Lincoln Inst of Land Policy
ISBN: 9781558441880
Category : Law
Languages : en
Pages : 483
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Book Description
Author: Anneke Smit
Publisher: UBC Press
ISBN: 0774829346
Category : Social Science
Languages : en
Pages : 335
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Book Description
At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.
Author: Guofu Liu
Publisher: BRILL
ISBN: 9004412182
Category : Law
Languages : en
Pages : 654
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Book Description
Understanding Chinese refugee law is difficult for those outside China or unfamiliar with it due to the complex factors involved. Chinese Refugee Law offers a comprehensive, up-to-date, and readily accessible reference to Chinese refugee law. It focuses first on existing laws and practices relating to refugees in China, then offering a scholar's proposal for a law to handle with refugee affairs and implement the Convention Relating to the Status of Refugees. The book provides the detail, insight and background information needed to understand this complex area of law. It examines both existing Chinese statutes and relevant international documents, drawing on and comparing Chinese and English language sources. It is thus an invaluable resource for both Chinese and non-Chinese readers alike.
