1. Property Rights, Courts and Democracy in the People's Republic.
- Author
-
Smithey, Shannon
- Subjects
- *
PROPERTY rights , *MARKET orientation , *DEMOCRACY , *COURTS ,CHINESE politics & government, 2002- ,ECONOMIC conditions in China, 2000- - Abstract
In 2007, the Chinese government adopted a law granting individuals the right to control their property. This is a major change in Chinese law as land had formerly been considered the property of the state. The law was an attempt to increase the market oreintation of the economy. However, increased individual control of land has come into conflict with government efforts to speed commercial development through the power of eminent domain. This paper tells the story of one such conflict in Hubei Province, where a property owner sued the government when it tried to deprive him of his land rights, in order to make way for development. The surprise in this case comes not only from the access the individual had to the courts, but from the more remarkable fact that, when the land owner won his case, the government has respected complied with the court's decision. The point of the paper is to explore the democratic potential of judicial support for rights in the "new China." Comparison will also be made to the use of courts to resist eminent domain in the US and other democracies. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Published
- 2009