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Title Constitutional protection of private property in china.
Imprint Cambridge : Cambridge Univ Press, 2015.


 Internet  Electronic Book    AVAILABLE
Description 1 online resource
Note Available only to authorized UTEP users.
Subject Right of property.
Contents Cover; Half title; Title; Copyright; Dedication; Contents; List of figures and tables; Foreword; Acknowledgements; List of abbreviations; Cases and incidents; 1 Introduction; 2 Private property and its constitutionalisation; 2.1 The perspectives of property; 2.2 Private property and its justifications; 2.3 Constitutionalising property or not: theoretical analysis; 2.4 Constitutionalising property or not: country practice; 2.5 Comparative analysis on the constitutionalisation of private property; 3 The private property protection in China's constitutions: a historical review.
3.1 Land reform in the New China3.2 The evolution of private property in the constitutions; 3.3 The party-leading route of China's constitutional change; 3.4 The current constitutional framework of private property protection; 3.5 The constitutional restraints against governmental taking; 3.6 Evolution in the era of globalisation: the inherent change of social forces; 4 The symbolised public interest; 4.1 The United States: public use; 4.2 Germany: public good test; 4.3 The anatomy of the public interest doctrine; 4.4 Public interest in the Chinese context.
4.5 Economic development as public purpose4.6 Reforming the public interest doctrine in China; 5 Unjust compensation; 5.1 To compensate: why and what?; 5.2 The United States: fair market value as the test for just compensation; 5.3 Germany: the linking clause and equitable balance; 5.4 India: compensation without constitutional restraint; 5.5 China; 5.6 Reform towards full compensation: India versus China; 6 Ineffective procedural and institutional mechanisms; 6.1 The United States: due process; 6.2 Germany and India: authorisation mode; 6.3 China; 6.4 Constitutional review.
7 Concluding remarks and suggested reform measures7.1 Concluding remarks; 7.2 Suggestions for reform; Bibliography; Index.
Summary Using a comparative approach, this book analyses the history of China's private property protection at the constitutional level since 1949.
Other Title Print version: Wang, Chuanhui. Constitutional Protection of Private Property in China : Historical Evolution and Comparative Research. Cambridge : Cambridge University Press, ©2015