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Vol 21 No 11 Nov/Dec 2016

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Modern Chinese Real Estate Law: Property Development in an Evolving Legal System


ISBN13: 9780754678687
Published: April 2012
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



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With massive growth taking place in the real estate industry, how can China develop a free market and private ownership of land while still officially subscribing to Communist ideology?

This study uses fieldwork interviews to establish how the Chinese real estate market operates in practice from both legal and business perspectives. It describes how the market functions, which laws are applicable and how they are applied, and how a nation can achieve dramatic economic growth so rapidly while its legal system is so unsettled.

The book demonstrates how China is drawing on the world for ideas while retaining a domestic system that remains essentially Chinese, and how the recent revitalization of China's real estate market has confounded the predictions of many developments economists.

Subjects:
Other Jurisdictions , China
Contents:
Part I: Introduction: the excitement of modern China
Contrasting China with the West: background history, preliminary observations and conclusion.
Part II: The land use right: owning the right to use land without owning the land
Ownership entities: who owns land and how do they own it?
Choosing where to build: the private market and government pressure
Demolishing existing structures, relocating current residents
Lenders and loans: where does all the money come from?
Preselling and reselling of residential units
Commercial construction and commercial leasing
Infrastructure: building and paying for roads, bridges, subways, and airports.
Part III: China's other 'other path': confounding predictions of development economics
Harmonizing law and development theory with China's actual progress.
Part IV: Conclusions: will the miracle continue?
Index.