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Unpublished Paper
The Emergence of Private Property Law in China and Its Impact on Human Rights
ExpressO (2012)
  • Mark D. Kielsgard
  • Lei Chen
Abstract
ABSTRACT This article investigates the development of private property law in the PRC and its connection to the growth of human rights trends in China. It assesses the vitality of these trends, reviews the relevant historic legal and social background and demonstrates how the introduction of private property in China has fundamentally altered the fabric of its civil society. Drawing upon case studies and statutory analysis, and evaluating them from the perspective of both Chinese and Western scholarship, it analyzes trends driving greater democratic structures by reviewing the self-governance of condominium owners associations and the human rights practices they have spawned. Moreover, this article tackles the future of these trends by reflecting upon conditions opposing continued development such as local corruption, lack of enforcement and inadequate judicial review. It also predicts future outcomes of the Chinese private property scheme as it begins to nurture the budding human rights reforms currently taking place. Finally, it suggests initiatives calculated to maximize those reforms through efficient legislative drafting and other efforts aimed at cultivating the sensitive and sometimes volatile free market.
Disciplines
Publication Date
September 24, 2012
Citation Information
Mark D. Kielsgard and Lei Chen. "The Emergence of Private Property Law in China and Its Impact on Human Rights" ExpressO (2012)
Available at: http://works.bepress.com/mark_kielsgard/1/