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Vol 21 No 10 Oct/Nov 2016

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


ISBN13: 9781107125438
Published: January 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £79.99



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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.

Subjects:
Property Law, Conflict of Laws, Other Jurisdictions , China
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.