Xu, T. orcid.org/0000-0003-1282-101X and Gong, W. (2020) Community-based individual property rights : developing the ‘bundle of rights’ perspective in the Chinese context. Asia Pacific Law Review, 28 (1). pp. 138-158. ISSN 1019-2557
Abstract
This article invokes a concept of ‘community-based individual property rights’ as individual property rights recognized in a communal property system by virtue of community membership. It employs mixed methods, including a comparative analysis that reviews and develops the ‘bundle of rights’ perspective in the Chinese context and an analysis of a large dataset of judgments recently made publicly accessible. It sets out an analytical framework which appears more advantageous in helping researchers arrive at a better explanation of the current rights structure in rural China. The article concludes that the concept of ‘community-based individual property rights’ has greater analytical and explanatory force than existing concepts based on continental civil law. The conclusion also challenges the common assumption that common law property theories never work in non-common law jurisdictions and that the Chinese property system is irrelevant to developing common law property theories.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2020 School of Law, City University of Hong Kong. This is an author-produced version of a paper subsequently published in Asia Pacific Law Review. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | community; community membership; community-based individual property rights; bundle of rights; property in China |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 30 Mar 2020 11:49 |
Last Modified: | 15 Oct 2021 00:38 |
Status: | Published |
Publisher: | Taylor & Francis |
Refereed: | Yes |
Identification Number: | 10.1080/10192557.2020.1786258 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:158864 |