Governing the Post-Socialist Transitional Commons: A Case from Rural China Shitong Qiao* * J.S.D. Candidate, Yale Law School; Visiting Faculty, Director of Advanced Legal Studies, Peking University School of Transnational Law. Email:
[email protected]. The author would like to thank Qiao Mingmu, Qiao Shiwu, Hu Yuanbao, and all other villagers and local officials of Songzi County, Hubei province for their cooperation and help in the fieldwork of this research. The fieldwork of this research got financial support from the Allen & Overy 2008 University Scholarship, which the author appreciates. Earlier drafts of this paper have been presented at the JSD colloquium of Yale Law School and the Eighth Annual Brigham-Kanner Conference at Tsinghua University Law School. The author wishes to thank Robert Ellickson, Susan Rose- Ackerman, Paul Gewirtz, Mickey Hyman, Wang Zhiqiang, Thomas Huang, Gui Xuan, Noelle Lyle, Noah Messing, Liu Xiaotang, and Carol Pang for their comments, suggestions and help in the writing of this paper. All errors are, of course, my own. Abstract When the collective declines, who manages the collective- owned land? When the socialist state fails, who possesses the state-owned river? This paper concerns the governance of land and natural resources that are still owned by collectives or the state in rural China. No effective community governance has evolved in rural China to fill the authority vacuum left by the People’s Commune system. As a result, such land and natural resources became real commons. I use the term “transitional commons” to indicate both the crucial influence of transitional political legal environment in their emergence and evolution and the transitional character inherent in their nature.