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

by Chuanhui Wang

Overview

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.

Product Details

ISBN-13:	9781108721813
Publisher:	Cambridge University Press
Publication date:	10/04/2018
Pages:	373
Product dimensions:	5.98(w) x 9.02(h) x 0.79(d)

About the Author

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.

Table of Contents

Foreword; Acknowledgments; 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; Bibliography; Index.

Editorial Reviews

'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

From the Publisher