Dissecting China's Rise: Controversies Over the China Model
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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. -
The Community As Entrepreneurial Firm: Common Property Capitalism in Mexican Forest Communities Creates Jobs, Competes in Global Markets, and Conserves Biodiversity
The Community as Entrepreneurial Firm: Common Property Capitalism in Mexican Forest Communities Creates Jobs, Competes in Global Markets, and Conserves Biodiversity Professor David Barton Bray This article was published previously by Americas Quarterly on February 15, 2010 The Community as an Entrepreneurial Firm 2 Imagine a business with a 384-member board of directors that governs using organizational principles predating the rise of modern capitalism. Imagine as well that this business has a 20-member executive committee that includes the town mechanic and newspaper vendor, and whose monthly meetings can last three days. The business also changes its CEO and other officers every three years, regardless of whether they have done a good job. Sound impractical? In fact, such an enterprise has transformed hundreds of poor Mexican Zapotec indigenous farmers into owners of a multi-million dollar diversified forest industry. A sign posted at the entrance to the enterprise offices sums up its character succinctly: “In this community private property does not exist. The buying and selling of communal lands is prohibited,” The Forest, Agriculture, and Services Communal Enterprise” of Ixtlán de Juarez, a forest community in the Sierra Norte of Oaxaca, an hour north of the city of Oaxaca, evolved from traditional forms of governance developed by the Zapotec ancestors of the people of Ixtlán that were later reinforced with agrarian governance structures mandated by the Mexican government. The structures were designed to run community affairs, not businesses. Nevertheless, Ixtlán, along with many other forest communities in that region of Mexico, have successfully fused communal democratic traditions with the principles of competitive market enterprises to achieve economic equity. -
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 -
From Washington Consensus to Inclusive Growth
Economic & Social Affairs DESA Working Paper No. 100 ST/ESA/2010/DWP/100 November 2010 Growth, Poverty and Inequality: From Washington Consensus to Inclusive Growth Alfredo Saad-Filho Abstract This paper reviews recent economic policy debates about the relationship between growth, poverty and inequality. These debates have tended to focus on whether market-led growth is sufficient to eliminate poverty and reduce inequality, or whether specific policies are necessary because untargeted growth may be insufficient or even perverse. The paper charts the degenerating outcomes of these debates, and the emergence of the inclusive growth (IG) paradigm within the World Bank. A critical examination of IG suggests that its weaknesses are best addressed through a more ambitious restatement of the pro-poor goals of economic policy. JEL Classification: E60 (Macroeconomic Policy), E64 (Incomes Policy, Social Policy), O23 (Fiscal and Monetary Policy in Development) Keywords: Macroeconomic policy, pro-poor policies, inclusive growth, World Bank, Washington Consensus Alfredo Saad-Filho is Professor of Political Economy at the School of Oriental and African Studies, University of London. Comments should be addressed by e-mail to the author: [email protected] Contents Introduction ................................................................................................................................. 1 1. Early poverty debates ....................................................................................................... 2 2. The Washington -
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. -
Black Economic Development As a Strategy for Community Development
BLACK ECONOMIC DEVELOPMENT AS A STRATEGY FOR COMMUNITY DEVELOPMENT by SUSAN STARZYNSKI YOUNG B.A., Chatham College (1962) M.A., Syracuse University (1964) SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF CITY PLANNING at the MASSACHUSETTS INSTITUTE OF TECHNOLOGY September, 1969 . Signature of Author .... .... *... .. .. .. Department of Urban Studies and Planning Certified by thsis Supervisor I Accepted by . P a .. ... DepartmentaloChairman, Committee on Graduate Students Room 14-0551 77 Massachusetts Avenue Cambridge, MA 02139 Ph: 617.253.2800 MITLib ries Email: [email protected] Document Services http://Iibraries.mit.edu/docs DISCLAIM ER Page has been ommitted due to a pagination error by the author. ( Page 16 ) 2. ABSTRACT Title: Black Economic Development as a Strategy for Community Development Author: Susan Starzynski Young Submitted to the Department of Urban Studies and Planning in partial fulfillment of the requirement for the degree of Master of City Planning. Discussion on the current attempts to increase black economic development reveal widely divergent views on the direction the development is expected to take. One view holds that it will lead to a separatist black economy, while another holds that it will produce greater integration. It is anti- cipated both that traditional capitalistic structures and communal structures will be the dominant form of organization. It predicts that development will be large scale and dominated by large corporations and also that it will be insignificant and petty. The future of black communities will, in part, be shaped by the direction economic development takes, especially as goals being established by ghetto political leaders could either be fostered or destroyed by the path economic development takes. -
Lecture 27 Sociology 621 April 30, 2008 What Is Socialism?
Lecture 27 Sociology 621 April 30, 2008 What is Socialism? I. What Do Socialists Want? Socialists have traditionally criticized capitalism for the ways in which it violates five central values: 1. Equality: Capitalism generates morally intolerable levels of inequality of material conditions of people. This is especially offensive in its impact on children, but more broadly the levels of material deprivation in a world of affluence generated by capitalism violates a wide range of principles of egalitarian justice held by socialists. 2. Democracy: Capitalism thwarts democracy. By placing the basic economic resources and conditions of investment in hands of private individuals, the capacity of the democratic polity to make decisions about the fate of the community is significantly undermined. 3. Autonomy: Capitalism robs most people of meaningful control over much of their work lives. There is a deep meaning-deficit in most people’s lives because they are pawns in other people’s projects. Capitalism does not merely generate inequality and poverty through exploitation, it generates alienation as well. 4. Community: Capitalism undermines a sense of solidarity among people. As G.A. Cohen has argued, the forms of competition and conflict built into capitalism drive economic activities primarily on the basis of two motives -- greed and fear. Instead of social interaction in economic life being normatively organized around the principle of helping others, it is organized primarily around motive of taking advantage of the weakness of others for one's own gain. This underwrites a culture of selfish individualism and atomism. 5. Efficiency/rationality: This may seem quite odd, but traditionally socialists have criticized capitalism because it was irrational, wasteful and ultimately inefficient. -
The Beijing Consensus Versus the Washington Consensus: the Dilemma of Chinese Engagement in Africa
Vol. 12(1), pp. 1-9, January 2018 DOI: 10.5897/AJPSIR2016.0920 Article Number: EA2069655609 African Journal of Political Science and ISSN 1996-0832 Copyright © 2018 International Relations Author(s) retain the copyright of this article http://www.academicjournals.org/AJPSIR Full Length Research Paper The Beijing consensus versus the Washington consensus: The dilemma of Chinese engagement in Africa Jarso Galchu Department of Civics and Ethical Studies, Faculty of Social Sciences and Humanities, Bule Hora University, Ethiopia. Received 7 July, 2016; Accepted 1 September, 2016 This study discusses the reason behind the Chinese hastened engagement in Africa. The study particularly emphasizes debates surrounding such massive involvements from the African, European and Chinese point of view focusing on the main tenets of Washington and Beijing consensuses. The study shows that Beijing consensus has been perceived cynically by traditional western power contending that Chinese involvement in Africa has been built on china’s narrow, and parochial interest of grabbing African’s resources on one hand, and reversing of democratization and human rights improvements taking shape on the continent. The pro- Chinese narratives, on the other hand, argue that Chinese involvement in Africa has been built on the continent’s historical relations with China when fighting colonial imperialism and apartheid system. In addition, it is their shared experiences of humiliation and subjugation at the hand of western imperialist colonial power that coach China and Africa to free their relationship from western style of involvements in one another’s domestic affairs. Africans view Chinese engagement in Africa optimistically as a relief from century-old “civilizing mission” of the former colonial powers. -
The Political Economy of Food Insecurity in East Asia
Rice, politics and power: the political economy of food insecurity in East Asia Paul Belesky Master of International Studies (International Relations) The University of Queensland A thesis submitted for the degree of Doctor of Philosophy The University of Queensland, 2016 School of Political Science and International Studies School of Social Science Abstract This thesis has three main objectives: (1) to provide a critical political economy study of the complex interplay between rice, politics and power in East Asia; (2) to make a contribution to understanding the evolution of the regional and global food system through an historically-contextualised exploration of the political economy of rice in the East Asian region; and (3) to make a contribution towards an alternative analytical framework for the political economy of food insecurity in the region. This study focuses on the agricultural commodity of rice as a prism through which to examine and explore the complex and multidimensional nature of food insecurity in the region, with rice providing a lens through which to explore social relations and relations of power that underpin the political economy of food and agriculture. This study has identified a gap in literature in relation to a contemporary analysis of the political economy of rice, with a second gap appearing in relation to the evolution of the global food system from an East Asian perspective. This thesis aims to make a contribution towards addressing these gaps in literature. With these objectives in mind, this thesis responds -
Ecfg-China-2021.Pdf
About this Guide This guide is designed to prepare you to deploy to culturally complex environments and achieve mission objectives. The fundamental information contained within will help you understand the cultural dimension of your assigned location and gain skills necessary for success (Photo: The Golden China Lion Chinese Acrobats perform). China The guide consists of two parts: Part 1 “Culture C General” provides the ul foundational knowledge you need to operate effectively in any C global environment with a focus on East Asia. t ul u Part 2 “Culture Specific” describes unique cultural features of re Chinese society. It applies culture-general concepts to help t u increase your knowledge of your assigned deployment re location. This section is Guid meant to complement other pre-deployment Guid training (Photo: A Chinese dancer). e For more information, visit the Air Force e Culture and Language Center (AFCLC) website at https://www.airuniversity.af.edu/AFCLC/ or contact the AFCLC Region Team at [email protected]. Disclaimer: All text is the property of the AFCLC and may not be modified by a change in title, content, or labeling. It may be reproduced in its current format with the express permission of the AFCLC. All photography is provided as a courtesy of the US government, Wikimedia, and other sources as indicated. GENERAL CULTURE PART 1 – CULTURE GENERAL What is Culture? Fundamental to all aspects of human existence, culture shapes the way humans view life and functions as a tool we use to adapt to our social and physical environments. A culture is the sum of all of the beliefs, values, behaviors, and symbols that have meaning for a society. -
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 .....................................................................................................