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Vol 25 No 1 Jan/Feb 2020

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

ISBN13: 9781108721813
Published: October 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2016)
Price: £25.99
Hardback edition , ISBN13 9781107125438

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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.

Property Law, Conflict of Laws, Other Jurisdictions , China
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