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The Legitimacy of Extralegal Property: Global Perspectives and China’S Experience
This is a repository copy of The Legitimacy of Extralegal Property: Global Perspectives and China’s Experience. White Rose Research Online URL for this paper: https://eprints.whiterose.ac.uk/103595/ Version: Accepted Version Article: Xu, T. orcid.org/0000-0003-1282-101X and Gong, W. (Accepted: 2016) The Legitimacy of Extralegal Property: Global Perspectives and China’s Experience. Northern Ireland Legal Quarterly. ISSN 0029-3105 Reuse Items deposited in White Rose Research Online are protected by copyright, with all rights reserved unless indicated otherwise. They may be downloaded and/or printed for private study, or other acts as permitted by national copyright laws. The publisher or other rights holders may allow further reproduction and re-use of the full text version. This is indicated by the licence information on the White Rose Research Online record for the item. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ The Legitimacy of Extralegal Property: Global Perspectives and China’s Experience Ting Xu and Wei Gong1 School of Law, University of Sheffield Abstract Binary thinking has been entrenched in property law, posing challenges to the protection of land tenure and land users who have no title to the land they cultivate. This paper critiques the state law centred approach to evaluating the legitimacy of property and defends extralegal property, as legitimate claims to land and related natural resources that are not against the law, but that are not recognised by the law as formal property rights. -
Formality in Real Property Sale Contracts in Modern China with a Common Law Perspective
Formality in Real Property Sale Contracts in Modern China with a Common Law Perspective Wei WEN A thesis in fulfilment of the requirements for the degree of Doctor of Philosophy Faculty of Law September 2014 PLEASE TYPE THE UNIVERSITY OF NEW SOUTH WALES Thesis/Dissertation Sheet Surname or Family name: WEN First name: Wei Other name/s: Abbreviation for degree as given in the University calendar: PhD School: School of Law Faculty: Faculty of Law Title: Formality in Real Property Sale Contracts in Modern China with a Common Law Perspective Abstract 350 words maximum: (PLEASE TYPE) This thesis outlines the Chinese laws, judicial interpretations, scholarly views and government policies relating to contractual formality for land sale contracts in their historical and modem settings. The thesis also employs a comparative methodology to critically evaluate the Statute ofFrauds literature in some selected Common Law jurisdictions such as the United States, Australia and England. This investigation includes English legal history, the development of the Statute ofFrauds legislation, associated scholarly views and judicial interpretations. These positions and arguments are compared and contrasted with their counterpart in mainland China and other Civil Law jurisdictions such as Germany and Taiwan, including Chinese legal history, the principle of freedom of contract and the Chinese version of Healing Theory. The most important original contribution is the examination and integration of the functions of formality (particularly writing) in both Sino-Civilian (mainland China, Germany and Taiwan) and Anglo-American literature which forms the theoretical framework of the thesis. Formality is also examined against the theory of freedom of contract in mainland China. -
Social Obligations of Land Rights on Chinese Collective-Owned Land
Journal of Civil Law Studies Volume 10 Number 1 Article 6 12-31-2017 Social Obligations of Land Rights on Chinese Collective-Owned Land Zhe Huang Follow this and additional works at: https://digitalcommons.law.lsu.edu/jcls Part of the Civil Law Commons Repository Citation Zhe Huang, Social Obligations of Land Rights on Chinese Collective-Owned Land, 10 J. Civ. L. Stud. (2017) Available at: https://digitalcommons.law.lsu.edu/jcls/vol10/iss1/6 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Journal of Civil Law Studies by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. SOCIAL OBLIGATIONS OF LAND RIGHTS ON CHINESE COLLECTIVE-OWNED LAND Zhe Huang∗ I. Introduction ............................................................................... 62 II. Historical Social Obligations on Collective-Owned Land ....... 65 A. Social Obligations on Collective-Owned Land from the 1950s to 1980s ..................................................................... 65 B. Analysis of the Peasants’ Social Obligations ....................... 69 III. Current Social Obligations on Rural Collectives .................... 71 A. The Identity of Rural Collectives Determines Their Limited Regulatory Roles .................................................................. 71 B. Current Social Obligations on Rural Collectives Are Subordinate to the State Government’s Authority ............... 77 1. Registration -
Chinese Small Property: the Co-Evolution of Law and Social Norms
Abstract Chinese Small Property: The Co-Evolution of Law and Social Norms Shitong Qiao, 2015 This research investigates a market of informal real estate in China, referenced by the term “small property” (xiaochanquan), as their property rights are smaller/weaker than the big/formal property rights. In particular, I examine the formation and operation of this market, and how it interacts with the legal system and eventually leads to changes in the Chinese property law system. Three decades of Chinese land reform has resulted in a liberalized urban real estate market and an unreformed rural real estate sector characterized by inalienability. Nevertheless, according to the Chinese Ministry of Land and Resources, by 2007, Chinese farmers had built over 6.6 billion square meters of houses in evasion of the legal prohibition on rural land development and transfer, resulting in a huge small-property market. By way of comparison, in 2007, the total floor space of housing sold on the legal housing market was 0.76 billion square meters. In the city of Shenzhen, which experienced exponential population growth from 300,000 to over 10 million from 1978-2010 as the first experimental site of China's market reforms, almost half of the buildings are small-property constructions. These illegal buildings, without legal titles and concentrated in 320 intra-city villages, host most of the 8 million migrant workers in Shenzhen and are the main livelihood of the more than 300,000 local villagers. There has formed a huge impersonal small-property market that is supported by a network of institutional innovators, including local villagers and their co-ops, local government officials, real estate developers and brokers, lawyers, etc. -
The Recently Revised Marriage Law of China: the Promise and the Reality
University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 2004 The Recently Revised Marriage Law of China: The Promise and the Reality Charles J. Ogletree Jr. Harvard University Rangita de Silva de Alwis University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Asian Studies Commons, Chinese Studies Commons, Civil Rights and Discrimination Commons, Comparative and Foreign Law Commons, Courts Commons, Domestic and Intimate Partner Violence Commons, Family Law Commons, Gender and Sexuality Commons, Human Rights Law Commons, Inequality and Stratification Commons, Law and Gender Commons, Law and Society Commons, Law Enforcement and Corrections Commons, Legal Remedies Commons, Policy Design, Analysis, and Evaluation Commons, Property Law and Real Estate Commons, Public Law and Legal Theory Commons, Social Control, Law, Crime, and Deviance Commons, and the Women's Studies Commons Repository Citation Ogletree, Charles J. Jr. and de Silva de Alwis, Rangita, "The Recently Revised Marriage Law of China: The Promise and the Reality" (2004). Faculty Scholarship at Penn Law. 1709. https://scholarship.law.upenn.edu/faculty_scholarship/1709 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. Texas Journal of Women and the Law Volume 13 THE RECENTLY REVISED MARRIAGE LAW OF CHINA: THE PROMISE AND THE REALITY Charles J. Ogletree, Jr.* and Rangita de Silva-de Alwis** A bstract ..................................................................................................... -
China's Intellectual Property System in the Process of Catch-Up -With
China’s Intellectual Property System in the Process of Catch-up -with Patent in Focus Yajie Zhao Academic Dissertation To be presented, with the permission of the Faculty of Law of the University of Helsinki, for public examination in Hall III of Porthania (Yliopistonkatu 3, Helsinki) on Friday, 23 March 2018 at 12 noon. Supervisors & Advisor Professor Niklas Bruun, University of Helsinki Professor Rainer Oesch, University of Helsinki Professor Matti Mikkola, University of Helsinki Preliminary Examiners Professor Mingde Li, Chinese Academy of Social Sciences Docent Max Oker-Blom, Hanken School of Economics Opponent Professor Mingde Li, Chinese Academy of Social Sciences Custos Professor, Dean Pia Letto-Vanamo, University of Helsinki Copyright © Yajie Zhao 2018 ISBN 978-951-51-4101-9 (Paperback) ISBN 978-951-51-4102-6 (PDF) Printed by Unigrafia Helsinki 2018 ƖûÔġ~ŭȔx °Ȍ One would rather warm a cold bench for one decade than write articles with emptiness. "%# + $ ! # $!#%! #!& % !! $$ ! %%&#!"#%())))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))++ <4(!)(!'*!&%&* &%*$'&((/ !%)!%% %&#&//)*$2% %*##*+#(&'(*//)*$4444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444<< =4)( &+()4444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444=B =4<&+()&%1&#!!)% 4444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444=B -
The UK and Japan Forging a Global and Proactive Partnership Final Report of the UK–Japan Global Seminar Series
Chatham House Report Edited by John Nilsson-Wright The UK and Japan Forging a Global and Proactive Partnership Final report of the UK–Japan Global Seminar series #CHUKJapan Chatham House Report Edited by John Nilsson-Wright Asia-Pacific Programme | May 2019 The UK and Japan Forging a Global and Proactive Partnership Chatham House, the Royal Institute of International Affairs, is a world-leading policy institute based in London. Our mission is to help governments and societies build a sustainably secure, prosperous and just world. The Royal Institute of International Affairs Chatham House 10 St James’s Square London SW1Y 4LE T: +44 (0) 20 7957 5700 F: + 44 (0) 20 7957 5710 www.chathamhouse.org Charity Registration No. 208223 Copyright © The Royal Institute of International Affairs, 2019 Chatham House, the Royal Institute of International Affairs, does not express opinions of its own. The opinions expressed in this publication are the responsibility of the author(s). All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical including photocopying, recording or any information storage or retrieval system, without the prior written permission of the copyright holder. Please direct all enquiries to the publishers. ISBN 978 1 78413 302 3 A catalogue record for this title is available from the British Library. Printed and bound in Great Britain. This publication is printed on FSC-certified paper. Typeset by Soapbox, www.soapbox.co.uk Cover image: Japanese Prime Minister Shinzo Abe reviews an honour guard at the Foreign & Commonwealth Office in London before his meeting with UK Prime Minister Theresa May on 10 January 2019. -
'Virtuous and Talented' Officials for the Twentieth
Modern Asian Studies 37, 4 (2003), pp. 831–850. 2003 Cambridge University Press DOI:10.1017/S0026749X03004049 Printed in the United Kingdom Creating ‘Virtuous and Talented’ Officials for the Twentieth Century: Discourse and Practice in Xinzheng China* JULIA C. STRAUSS School of Oriental and African Studies,University of London ‘It must be considered that there is nothing more difficult to carry out, nor more doubtful of success, nor more dangerous to handle, than to initiate a new order of things.’ Machiavelli, The Prince Central Xinzheng Reform and the Twentieth-Century Chinese State The effort of the Qing dynasty to transform itself and forge a new set of relationships with society in its last decade has been one of the less explored areas in the scholarship on modern China. Although this set of radical initiatives, collectively known as the xinzheng (‘New Policy’) reforms attracted a good deal of commentary from its contemporaries, until recently it has been relatively under- studied.1 There are two reasons for this neglect. First, conventional * The research for this article was made possible by the generous support of the British Academy/ CASS Exchange and the CSCC. I would like to thank Benjamin Elman and Timothy Brook for their comments on earlier drafts of this piece. All errors and omissions are, of course, my own. 1 Although the xinzheng period has been well covered by two superb monographs on the transformation of Chinese education in the early 20th century—Sally Borthwick, Education and Social Change in China: The Beginnings -
Securing Land Rights for Chinese Farmers a Leap Forward for Stability and Growth by Zhu Keliang and Roy Prosterman
october 15, 2007 ● no. 3 Securing Land Rights for Chinese Farmers A Leap Forward for Stability and Growth by Zhu Keliang and Roy Prosterman Executive Summary critical determinant of China’s long-term econom- through eminent domain to satisfy demands of industrial ic growth and social stability will be whether the growth or urban expansion. Despite a series of central laws wealth of its economic boom can reach the majori- and policies, in practice, farmers who lose their land typical- A ly receive little or no compensation. Closely related as anoth- ty of its 700 million farmers, who make up approximately 56 percent of the total population. The benefits that the er source of insecurity of land rights is the persistent “read- rural population has received from the economic reforms justment” or “reallocation” of farmers’ landholdings that is of the past two and a half decades, while significant, were administratively conducted by village officials. Today, such largely achieved in the 1980s, and now the countryside lags land-related problems are the number one cause for rural badly behind the urban sector. A survey we conducted in 17 grievances and unrest in China, which reported 17,900 cases provinces, among 1,962 farmers and other respondents, of “massive rural incidents” of farmers’ protests in the first confirms one fundamental cause of the widening rural- nine months of 2006. urban income gap: most Chinese farmers still lack secure China adopted a Property Law in March 2007 that aims to and marketable land rights that would allow them to make strengthen the security of farmers’ land rights, and the next long-term investments in land, decisively improve produc- key step will be full implementation of the law. -
Dissecting China's Rise: Controversies Over the China Model
China Perspectives 2014/2 | 2014 Contested Urban Spaces Dissecting China’s Rise: Controversies over the China Model Xiaoshuo Hou Electronic version URL: http://journals.openedition.org/chinaperspectives/6484 DOI: 10.4000/chinaperspectives.6484 ISSN: 1996-4617 Publisher Centre d'étude français sur la Chine contemporaine Printed version Date of publication: 1 June 2014 Number of pages: 61-67 ISSN: 2070-3449 Electronic reference Xiaoshuo Hou, « Dissecting China’s Rise: Controversies over the China Model », China Perspectives [Online], 2014/2 | 2014, Online since 01 January 2017, connection on 28 October 2019. URL : http:// journals.openedition.org/chinaperspectives/6484 ; DOI : 10.4000/chinaperspectives.6484 © All rights reserved Article China perspectives Dissecting China’s Rise: Controversies over the China Model XIAOSHUO HOU ABSTRACT: The recent discussion of a “Beijing Consensus” and a China model seems to challenge neoliberalism as the dominating dis - course on development. This paper attempts to explain the contradictions in China’s development and discusses whether and how they can be redressed. Specifically, the paper analyses the key issues around the debate over the China model – how distinctive it is and whether it can be replicated elsewhere, and what real lessons can be drawn from China’s rise. It proposes a more nuanced view of the economic, social, and political structures in China with a focus on its mixed economy, the role of the state at both the central and local levels, and the possibility of Chinese-style democracy. It also offers suggestions for improving the China model. KEYWORDS: development, Beijing Consensus, China model, China’s rise, neoliberalism. hina’s increasing rise in the world is often juxtaposed against its bumpy road for many developing countries (e.g., in Latin America and sub- mounting domestic problems. -
Land Policy Reform in China: Dealing with Forced Expropriation and the Dual Land Tenure System
Land Policy Reform in China: Dealing with forced Expropriation and the Dual Land Tenure System by Vince Wong Centre for Comparative and Public Law Faculty of Law The University of Hong Kong Occasional Paper No. 25 May 2014 The Centre for Comparative and Public Law (CCPL) was established in 1995 within the Faculty of Law of the University of Hong Kong. The purposes of the Centre are to promote research and other activities in the field of public and comparative law. The Centre has organised many seminars relating to international law and human rights in Hong Kong, and has active research projects covering such topics as the reform of constitutional law in Hong Kong, the implementation of international human rights standards in Hong Kong law and practice, equality and the law, trafficking of women into Hong Kong, and comparative sexual harassment law. The Director of the Centre is Professor Puja Kapai and the Deputy Directors are Assistant Professor Kelley Loper and Ms. Farzana Aslam. The Research Officer is Sharron Fast, and the Executive Secretary is Joyce Fung. This Occasional Paper is written by Vince Wong, who is a Visiting Research Fellow from the International Human Rights Program at the University of Toronto Faculty of Law. He is currently an Articling Student at the Metro Toronto Chinese and Southeast Asian Legal Clinic where he represents and advocates on behalf of low-income, non-English speaking Chinese, Vietnamese, Cambodian and Laotian communities in the Greater Toronto Area. His professional experience includes work at various financial institutions including TD Securities, State Street Bank & Trust, and Stellation Asset Management. -
1 GR JAPAN Update on the Appointment of Prime Minister Suga
GR JAPAN Update on the appointment of Prime Minister Suga and the Suga Cabinet 17 September 2020 Executive Summary • As expected, Chief Cabinet Secretary Yoshihide Suga easily won the election for leadership of the Liberal Democratic Party (LDP) on 14 September, taking over 70% of the vote. His premiership was cemented by the formal votes in the Diet on 16 September, where Suga received 314 of 465 votes in the House of Representatives and 142 of 245 in the House of Councillors. • After serving as Prime Minister Abe’s right hand as Chief Cabinet Secretary for nearly eight years, Suga is expected to be a “continuity” Prime Minister who will carry forward very similar policies, but he is seen as less of an ideologue and more focused on practical reforms. • The decisiveness of his victory gives Suga a solid platform within the party, helping him to push ahead with his own agenda and limiting internal dissent. • Suga’s Cabinet appointments reflect his commitment to continuity on the whole, with strategic appointments to further his plans for reform. • Policy priorities will focus on domestic issues, primarily economic recovery and Covid-19 pandemic mitigation, but the new Cabinet will also face tough diplomatic challenges. • Suga has indicated that he will continue Abe’s efforts to place a strengthened US- Japan alliance at the centre of Japan’s foreign policy, but also that he wants to achieve “balanced” relations with China. Yoshihide Suga as party leader As the new prime minister, Suga is stressing political continuity, but also talking about his commitment to administrative and regulatory reform as key priorities for his government.