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

$39.99 (C)

  • Date Published: October 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781108721813

$ 39.99 (C)

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About the Authors
  • 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.

    • A clear, well organised analysis of China's private property protection since 1949, helping readers to understand the complicated and dramatic change of property structure and private property clauses in China's constitutions
    • Provides an in-depth comparison of the constitutional protection of property in China, the USA, Germany and India
    • Offers an interdisciplinary perspective linking law with social context, politics and economy, allowing readers to learn what social forces drive the evolution of private property protection and what social, political and economic restraints influence reforms
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    Reviews & endorsements

    '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

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    Product details

    • Date Published: October 2018
    • format: Paperback
    • isbn: 9781108721813
    • length: 373 pages
    • dimensions: 230 x 149 x 18 mm
    • weight: 0.54kg
    • contains: 1 b/w illus. 4 tables
    • availability: Available
  • Table of Contents

    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

  • Author

    Chuanhui Wang, Sun Yat-sen University
    Chuanhui Wang is Associate Professor at Lingnan (University) College, part of the Sun Yat-sen University in Guangzhou, China. He received a bachelor's degree from Yantai University and master's degrees from East China University of Political Science and Law and the University of Michigan. In addition to holding a PhD in law from Katholieke Universiteit Leuven, Belgium, he also has a PhD in economics from the Shanghai Academy of Social Sciences.

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