A contextualized and critical reading of the origin and evolution of China's rural land takings law.
Description based upon print version of record. Includes index.
Formatted Contents Note
Cover; Half-title page; Title page; Copyright page; Dedication; Contents; List of Figures; List of Tables; Acknowledgments; List of Abbreviations; 1 Introduction; 1.1 Defining Land Taking in China; 1.2 Massive Rural Land Expropriation in Contemporary China; 1.3 Making Sense of China's Rural Land Expropriation Law; 1.4 Transition Paradigm; 1.5 Theme, Thesis and Structure of the Book; 2 A Broken Constitutional Promise: Diagnoses and Prescriptions; 2.1 Public Interest Prerequisite: Triple Challenge; 2.2 Expropriation Compensation: Unjust and Unfair. 2.3 Prescriptions: Toward the Chinese Fifth Amendment3 Limited Reform: Symptoms and Causes; 3.1 Reform and Its Limitations; 3.2 Land Finance as the Explanation; 4 Original Constitutional Takings Clause: Origin, Meaning and Purpose; 4.1 Origin of Original Constitutional Takings Clause; 4.2 Parsing the Original Constitutional Takings Clause; 4.3 Purpose of Original Constitutional Takings Clause; 4.4 The Transition Paradigm Reconsidered; 5 Theoretical Foundations of Land Takings Power: Competing Traditions and Common Legacy; 5.1 Land Nationalization: A Tale of Two Traditions. 5.2 Land Expropriation: From Classical Liberalism to Socialized Property5.3 Common Legacy of Competing Theories; 6 The 1982 Constitutional Takings Clause Re-examined: New Wine in an Old Bottle; 6.1 "Urban Land Is Owned by the State": A Reinterpretation; 6.2 Forbidding Voluntary Land Transaction; 6.3 Rational Use of Land; 6.4 Parsing the 1982 Takings Clause: Nature and Purpose; 7 Rural Land Expropriation Law in the Reform Era: A Story of Continuity; 7.1 Structural Continuity; 7.2 Functional Continuity; 7.3 Normative Continuity; 7.4 Foundational Continuity. 7.5 Persistent Non-justiciability of Expropriation Decisions8 Conclusion; 8.1 Taking Stock; 8.2 Doing Away with the Transition Paradigm; 8.3 Making Sense of the Rise of the Transition Paradigm; 8.4 An Immanent Critique; 8.5 Looking Ahead; Appendix 1; Appendix 2; Index.
Digital File Characteristics
Available in Other Form
Print version: Peng, Chun, (Law teacher). Rural land takings law in modern China. New York, NY : Cambridge University Press, 2017